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FAQs Estate Agency – Rental & Landlord

1. What legal responsibilities do landlords have?

Landlords must ensure their rental properties meet legal safety standards, including:

✔️ Gas & electrical safety checks

✔️ Energy Performance Certificate (EPC)

✔️ Deposit protection compliance

✔️ Right to Rent checks

✔️ Maintenance & repairs

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2. How does tenancy deposit protection work?

Landlords must place deposits in a government-approved scheme (DPS, MyDeposits, or TDS) within 30 days of receipt. This ensures fair handling and dispute resolution.

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3. What should be included in a tenancy agreement?

Properts use their legal department to draft, and stay on top of changes to the agreements, but in short tenancy agreement should outline:

✔️ Rent amount & payment terms

✔️ Deposit details & protection scheme

✔️ Tenant & landlord responsibilities

✔️ Notice periods & termination terms

✔️ Property maintenance obligations

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4. How do I handle rent arrears legally?

If a tenant falls behind on rent:

✔️ Communicate early – Discuss payment plans

✔️ Issue formal notices – Section 8 or Section 21

✔️ Use mediation – Avoid court action if possible

✔️ Seek legal advice – Properts can assist with eviction processes

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5. Can I increase rent on a fixed-term lease?

Rent increases are only allowed if stated in the tenancy agreement or agreed with the tenant. For periodic tenancies, landlords must provide proper notice before raising rent.

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6. What rights do tenants have in eviction cases?

Tenants can challenge evictions if:

✔️ Proper notice wasn’t given

✔️ The eviction is retaliatory

✔️ The landlord failed legal obligations

✔️ The property is unsafe or unfit for habitation

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7. What are my legal obligations for property maintenance?

Landlords must ensure:

✔️ Heating, plumbing, and electrical systems are functional

✔️ Structural integrity is maintained

✔️ Repairs are completed promptly

✔️ Fire safety regulations are met

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8. How do I end a tenancy legally?

✔️ Fixed-term tenancy – Ends automatically unless renewed

✔️ Periodic tenancy – Requires proper notice (usually two months)

✔️ Eviction – Must follow Section 21 or Section 8 procedures

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9. Should I manage a rental property myself or use an agency?

✔️ Self-management – More control but requires legal knowledge & time

✔️ Letting agency – Handles tenant sourcing, rent collection, and legal compliance, reducing stress for landlords

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10. How Does a Section 21 Notice Work?

✔️ When Can It Be Used?

  • After a fixed-term tenancy ends (if there’s a written contract).

  • During a periodic tenancy (rolling month-to-month agreements).

✔️ Notice Period

  • Landlords must give tenants at least two months’ notice to vacate the property.

  • If the tenancy is contractual periodic, the notice period must match the rental period (if longer than two months).

✔️ Legal Requirements for Validity A Section 21 notice cannot be used if:

❌ The tenancy started less than four months ago.

❌ The property is an unlicensed HMO (House in Multiple Occupation).

❌ The tenant’s deposit was not protected in a government-approved scheme.

❌ The landlord has failed to provide:

  • Energy Performance Certificate (EPC)

  • Gas Safety Certificate

  • Government’s ‘How to Rent’ guide

✔️ How to Serve a Section 21 Notice

  • Landlords must use Form 6A or a correctly worded notice.

  • The notice must be served properly, either in person, by post, or email (if agreed in the tenancy contract).

✔️ What Happens After the Notice Period?

  • If the tenant does not leave, the landlord can apply for a possession order through the courts.

  • If the tenant owes rent, the landlord may need a Section 8 notice instead.

 

For more details, check the official GOV.UK guide on Section 21 notices.

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