Landlord Regulation Checklist For New Tenancies

The previous couple of years has been woefully disorientating and insanely diabolical for landlords in England – there’s been a barrage of new legislation rolled out that we’ve had to wrap our heads around, and dig deeper into out pockets for. Nothing new there, of course.

If you’re one of those landlords that’s generally uninterested and disengaged from ‘the system’, you’re probably totally oblivious that a shakedown even took place.

Ignorance certainly can be bliss!

Although, not in this case, ’cause the penalties for negligence ain’t pretty when it comes to landlord law. So my advice? Comply with the regulations, especially since I’ve tried to make it easy for you by throwing together a nifty little checklist to help landlords in England to comply with their legal responsibilities…

New tenancies & being compliant

In light of all the old, new and incoming legislation, regulations, rules and laws (I don’t think there’s any real meaningful difference between the lot, it all boils down to orders for us sheep to obey), it’s getting incredibly easy for prospective, new and even experienced landlords (and dare I say agents) to get lost in uncertainty- specifically about what is required when starting a new tenancy and ensuring all the right boxes are ticked.

Sure, there are skid-marks and dollops of information scattered all over my blog (and the rest of the internet), including all the outstanding (and sinfully lousy) contributions from commentators (I genuinely appreciate every single one of them), to help landlords be more aware of their legal obligations. However, piecing it all together can be a tedious task at best, despite my best efforts of trying to keep everything organised.

I recently acquired new tenants, and it was the first time I had to follow some of the newer legislations/regulations that recently came into play. That’s when I realised I needed a neater process to keep on top of all the mumbo-jumbo bureaucracy, but more importantly, to document proof of actually following the procedures. Soon enough, I quickly threw together a list of “procedures” to follow, and supplementing tenant confirmation forms that confirm the procedures have been complied with.

So, to make this Christmas extra special for everyone, I thought I’d give you ALL want you’ve been pining for this year. Yes, a mouth-watering pack of digital landlord downloadable documents, the very same ones I recently created and used myself (which may or may not be useful or legally accurate).

I’m excited, so I sure as hell know you must be.

Landlord compliance pack for new tenancies

Essentially, I’ve thrown together a bunch of forms, which I believe will help landlords in England be compliant (and safe) when starting new tenancies.

Tenancy Compliance Form Teaser

Tenancy Compliance Form Teaser

‘Regulation checklist for New Tenancies’ download pack includes…
#ItemDetailsDownload
1Legal obligations Checklist

Checklist that runs through the legal requirements for landlords in England & Wales, which includes:

More information on each can be found on the Landlords Legal Requirements Checklist page.

2EPC confirmation form

Confirmation that the tenant has seen a valid Energy Performance Certificate.

I would get this signed before the tenancy agreement is signed (because the EPC should be shown during the viewing)!

Download Individual form
3Gas Safety Certificate confirmation form

Confirmation that the tenant received a valid Gas Safety Certificate.

The gas safety certificate should be given to the tenant at the start of the tenancy.

Download Individual form
4Electrical Installation Condition Report (EICR) confirmation form

Confirmation that the tenant received an Electrical Installation Condition Report (EICR).

The EICR should be provided to new tenant BEFORE they occupy the premises in order to comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

Download Individual form
5Tenancy Deposit Prescribed Information confirmation form

Confirmation the tenant received the Prescribed Information for the tenancy deposit scheme the deposit was protected by. This acknowledgement form should be completed based on the requirements of the deposit scheme used to protect the deposit.

Each deposit scheme has unique guidelines on what should be served as part of the “Prescribed Information”, which you can find out more about here.

The deposit and P.I must be protected and served with in 30 days.

Download Individual form
6Smoke & Carbon Monoxide alarm confirmation form

Confirmation that Smoke & Carbon Monoxide alarms are supplied and in good working order.

The alarms need to be tested on the day the tenancy begins, so I would schedule a test during the tenant’s presence and then get the form signed at the same time!

Download Individual form
7“How to rent” guide confirmation form

Confirmation that your tenant received the most up to date “how to rent” guide.

I would provide the rent guide the day the tenancy begins and get the form signed at the same time!

Download Guide
8Legionella risk assessment logbookA form which allows you to record the results of a legally obligatory legionella risk assessment. While logging the results isn’t a legal obligation, the risk assessment is, but it’s recommended to record the results. Download logbook

You can download the confirmation forms individually, or download an ‘all-in-one’ version below. It’s your call.

Download All

What’s with all the confirmation forms?

I know, I know, I’m really cramming them down your gullet like an onslaught of jizz-rockets, aren’t I?

The thing is, a lot of the new legislations/regulations require landlords to hand over documents to tenants. Failing to do so could lead to prosecution and/or impede on our rights to repossess our property efficiently through the Section 21 route. On that basis, it’s more important than ever to not only follow the proper procedures, but also have the means to prove it. God forbid, if we end up in a legal battle and need to provide proof of compliance.

One devastating aspect I’ve learnt about being landlord is how Judges tend to be much more sympathetic towards tenants; they’ll literally pounce on any crack given the chance, no matter how minuscule, and then use it in the tenant’s favour.

That’s a whole lot of signing…

Yup.

I tried to think of a way where I could just throw everything into one form, which required one date/signature from the tenant. But, because almost every regulation works with different timelines it didn’t seem possible, or at least, my feeble mind couldn’t think of a way to accommodate the information in a simpler way without making the process restricted and unworkable.

Let’s not forget, on top of all of the above, we need to sign the tenancy agreements, inventory forms and Guarantor forms (none of which are legally required but highly recommended). Can anyone say wankers-cramp?

In reality, it won’t actually take long to sign the documents and it’s not like you need to do it every month. Most of it can be done during one sitting over a class of chilled Chardonnay.

Oh… and make sure you sign two copies of each! Yes, more signing. It’s always good practice to have both tenant and landlord have signed copies of all documents.

Use at your own risk!

Guys, you know the drill. I gotta’ cover my little butt!

I’m not a Solicitor or a legal bod. I genuinely don’t know how well these forms would hold up in court, but I believe they’re better than having nothing. Based on the guidance and examples I’ve seen, they should do the trick. But I obviously have to recommend that you seek professional legal advise if you wish to use them! :)

Either way, with or without the forms, this post should at least make life easier for those landlords scrambling around looking for what the hell they need to do in order to comply with the requirements when starting a new tenancy.

So, what do you think? Useful? Pile of junk? Huh? Huh? Huh?

Let me know if you have any suggestions or notice any problems. Also, to put is all in the festive spirit (in case you’re not already), let me know what the shittiest present you have ever received and what you ended up doing with it.

If I don’t get a chance to blog again before the end of the year, hope you all have an awesome and safe Christmas/New year!

Enjoy xo

(note: if you’ve already signed up to my mailing list, just enter your name/email address and you’ll automatically get directed to the download page without needing to re-subscribe).









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21 Comments- Join The Conversation...

Guest Avatar
Lizz Akin 4th December, 2015 @ 08:06

YOU ARE A FANTASTIC WRITER!

1
Guest Avatar
Mandy Thomson 4th December, 2015 @ 08:50

Thanks, Landlord! Very thoughtful and in my case the timing is perfect as I have an end of tenancy/new tenancy coming up.

Have a really sorta-ok-Christmas!

2
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Mark H. 4th December, 2015 @ 10:48

Have really enjoyed your posts so far this year. Has put a smile on my face. Thank you for the great work. Have a great festive season. Merry Christmas !!

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Matty 4th December, 2015 @ 15:56

Cheers for the forms - very useful, will deploy on next tenant sign up

Shittiest present has been the same for about 5 years now; I always get some sort of deodorant and body wash combo from linx/addidas/nike ect - yeah ok some might say someone is trying to give me a hint.
Well I hate those fragrances so I keep them for a year and give them to an unpopular friend next year. Keeps my life simple and cheap and the giver never knows or gets upset, everyone's a winner!

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The Landlord Avatar
The Landlord 4th December, 2015 @ 16:48

@Lizz
Thank you. But I'm probably just an OK "blogger"! :)

@Mandy
Ha, thanks, Mandy, I'll try my very best! Merry Christmas!

@Mark
Thanks Mark, appreciate it. Have an awesome Christmas!

5
The Landlord Avatar
The Landlord 4th December, 2015 @ 16:56

@Matty
Haha, your comment made me laugh, because I know exactly what you're talking about.

My aunt is notorious for going all out and buying me those sports branded "shower sets". I think she hates me. A few years ago she gave me an Adidas one. God awful products/presents. They usually just gather dust until that day arrives where I realise I've run out of showergel mid-shower!

My ex's parents' once got me a luxury "hand washing" set- it came with a flannel, bottled hand soap and a nail scrub. Most bizarre and inadequate present! Similarly with the Adidas shower gel, the hand soap got used under the same circumstances. The rest got binned.

Merry Christmas, and here's to shit presents that make funny stories!

6
Guest Avatar
C20toy 4th December, 2015 @ 18:17

Thanks for these resources, won't need them for a while but have bookmarked. Always the worst are the shower gel/moisturiser combos. The trick is remembering who gave them so when you re-gift, you pass them to a different poor soul. Or actually, maybe then they would get a hint...

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The Landlord Avatar
The Landlord 4th December, 2015 @ 18:22

@C20toy
Ha, I imagine those combo sets are the presents that get recycled the most in the UK. I'm pretty sure Boots is responsible for 90% of them, because every year, without fail, they do the 3 for 2 offer on them, and market it like crazy!

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Rob 5th December, 2015 @ 23:22

many thanks for the update. regarding purchase of new BLT from 1-Apr-2016 onwards, would you be exempt from the changes to stamp duty if bought through a Ltd. company? what is going to be the most tax efficient way of generating another BLT? Would it be by buying a commercial unit and applying for planning to convert to residential?

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Pete 6th December, 2015 @ 10:43

Thanks Landlord for the early Christmas present. Much appreciated as indeed your whole web site is. Keep up the good work and never lose your wit or sense of humour, it always puts a smile on my face.

Happy Christmas!

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The Landlord Avatar
The Landlord 7th December, 2015 @ 11:04

@Rob
You're welcome!

Sorry Rob, I haven't really looked into the details, so I wouldn't want to comment on the most tax efficient way. Maybe someone else (preferably a tax specialist- are any of you out there?) might be able to shed some light on the issue...

@Pete
Thanks Pete, appreciate it. Merry Christmas :)

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Riptide 12th December, 2015 @ 23:35

Cheers Ears. Happy Christmas.

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Andy 29th December, 2015 @ 17:03

As always this is great, if only I had read it before I got a tenant into a property on Dec 28th ! My only comment would be the carbon monoxide alarms are nice to have but only a legal requirement with solid fuel burning i.e log burner, open fire. Generally not required but sensible to have anyway. Happy New Year and keep up the good work.

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Andy 29th December, 2015 @ 17:08

forgot to say that I put all this stuff on the inventory, having conducted the check in the tenants then sign to say they accept the inventory is accurate and thus a signed record of having had the various documents.

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andrewa 29th December, 2015 @ 17:50

Merry xmas and a prosperous new year!

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cee 15th January, 2016 @ 23:20

You're awesome, I was dreading getting a new tenant but now I'm dreading it slightly less.

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Molly 20th January, 2016 @ 13:12

Hope you are enjoying your new year - thank you for sharing! Great platform to keep updated on the new updates from property world.

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The Landlord Avatar
The Landlord 20th January, 2016 @ 15:00

Thanks for the comments everyone, really appreciate it!

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Rentalrep 11th February, 2016 @ 13:41

Great read and a blogger! Two reasons you keep your audience engaged, conversational which makes it personal. I have admiration in the way you keep us informed.

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Jane Courtney 2nd May, 2016 @ 09:57

THANKYOU after reading your blog I am standing my ground in my home after being sent a section 21

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Tracy 25th April, 2017 @ 13:14

I love your blogs - you have such a way with words LOL

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