Buy-to-let: Your legal responsibilities as a landlord

Understanding your legal obligations is vital when entering the buy-to-let market. As a landlord in England and Wales, you must comply with a variety of legal responsibilities to ensure tenant safety, protect your investment, and remain compliant with government regulations. For expert advice, visit our dedicated Landlord and Tenant Solicitors page.

The buy-to-let sector is heavily regulated to protect both landlords and tenants. Whether you’re investing for the first time or already managing a portfolio, understanding your legal duties can prevent costly mistakes and avoid legal action. Key responsibilities include adhering to safety regulations, protecting tenant deposits, and issuing the correct legal documentation at the start and during the tenancy.

Understanding buy-to-let

Buy-to-let refers to purchasing a residential property with the intention of renting it out. Typically, landlords seek a return through rental income and capital appreciation. However, becoming a landlord is not just a business decision – it comes with legal and moral responsibilities.

Key legal responsibilities of a buy-to-let landlord

As a landlord in England and Wales, you are bound by legislation designed to protect tenants and maintain housing standards. Here are the primary legal obligations:

1. Gas safety requirements

• A gas safety check must be carried out every 12 months by a registered engineer.
• Tenants must receive a copy of the gas safety certificate before moving in and all subsequent gas safety certificates.

2. Electrical safety inspections

• Landlords must ensure a qualified electrician performs an electrical installation condition report (‘EICR’) every 5 years.
• Copies of the EICR must be provided to new tenants before moving in and to existing tenants within 28 days of inspection.

3. Energy Performance Certificates (EPC)

• You must provide an energy performance certificates (‘EPC’) with a rating of E or above before letting the property.
• The EPC must be renewed every 10 years.

4. Deposit protection

1. Tenancy deposits must be placed in a government-approved tenancy deposit protection scheme within 30 days of receipt.
2. Landlords must provide prescribed information to tenants about the scheme used.

5. Right to rent checks

• You must check all tenants aged 18 and over have the legal right to rent in England.
• Copies of documents used for verification should be retained for at least one year after the tenancy ends.

6. Fire and furniture safety

• All furniture supplied must comply with fire safety regulations and carry the appropriate labelling.
• Smoke alarms must be installed on each floor and carbon monoxide alarms in any room with a solid fuel appliance.

7. Issuing the correct documents

You must give tenants the following ‘prescribed documents’ at the beginning of the tenancy:

• The government produced ‘How to Rent’ guide (latest version).
• A valid gas safety certificate.
• A valid EPC certificate.
• The prescribed information about the tenancy deposit protection scheme.

Licensing requirements

Some local authorities require landlords to obtain a selective licence for each property they let. Mandatory licensing also applies if you rent out a house in multiple occupation (‘HMO’). Check with your local council or use the official government guidance to determine whether a licence is needed.

Case scenario: Failure to Comply with Safety Regulations

In 2023, a landlord in Manchester was fined £12,000 for failing to provide an updated Gas Safety Certificate and for inadequate fire safety measures in a two-storey flat. Despite having long-term tenants, the landlord overlooked key compliance dates. This case highlights the importance of maintaining updated safety checks and documentation, even if tenancies are longstanding.

Expert insights: Best practices for buy-to-let landlords

According to property law experts, you should:

• Set calendar reminders for safety inspection renewals.
• Keep digital and paper records of all tenancy documents.
• Use accredited property management services to help with compliance.
• Undertake regular property inspections with tenant consent.

At Fosters Solicitors, we have a team of Residential Property experts who provide expert conveyancing services. Our experienced Litigation & Dispute Resolution team can help support you through all types of property dispute, whether relating to commercial or residential premises, with Tyler Clayton specialising in property litigation.

Contact us for more information.

Benefits and challenges of buy-to-let

Benefits:

• Steady rental income.
• Potential property value growth.
• Tax-deductible expenses for maintenance and repairs.

Challenges:

• Complex legal obligations.
• Costs of maintenance and repairs.
• Risks of non-payment or tenant disputes.
• Licensing and local authority regulation.

How to stay compliant

1. Consult a solicitor specialising in residential property law.
2. Stay informed on regulation changes through GOV.UK or your local council.
3. Use checklists and digital tools to track inspection dates and compliance status.

Buy-to-let landlords have a legal duty to provide safe, secure, and properly-maintained housing. By understanding your responsibilities, you can protect yourself and your tenants, and avoid potential legal pitfalls.

Frequently asked questions

What is buy-to-let?

Buy-to-let refers to purchasing a residential property to rent it out to tenants for profit through rental income and potential property value growth.

What happens if I don’t protect the tenant’s deposit?

You may be ordered by a court to repay up to three times the deposit amount and lose the right to serve a Section 21 notice to evict tenants.

Buy-to-let responsibilities table

This article was produced on the 8th December 2025 for information purposes only and should not be construed or relied upon as specific legal advice.