Setting up a tenancy
When setting up a tenancy you should:
- Provide your tenant with a written tenancy agreement
- We recommend you use the government's model tenancy agreement
- Consider how long the tenancy will be for, and who will be responsible for bills
- Provide contact details for you or your agent, including a telephone number your tenant can use in case of an emergency
- Prepare and agree an inventory
- We recommend you clear the property of any sentimental possessions, have the property cleaned to a professional standard and agree and sign a full inventory with the tenants, including photos (time and date stamped).
When setting up a tenancy you must:
- Carry out right to rent checks
- Landlords must check that all tenants or lodgers over the age of 18 can legally rent a residential property in England, even if they not named on the tenancy agreement, or there is no written agreement.
- Protect your tenant’s deposit in a government approved deposit protection scheme
- Applies to all assured shorthold tenancies started after 6 April 2007.
- Provide your tenant with a copy of the How to rent guide
- You must provide your tenants with a copy of the latest version of the How to rent guide at the start of a tenancy, either as a hard copy or, if agreed with the tenant, via email as a PDF attachment. You cannot evict a tenant with a Section 21 notice if you have not provided these documents.
- Provide your tenant with the property’s Energy Performance Certificate
- You cannot evict a tenant with a Section 21 notice if you have not provided these documents. You can download your EPC free from the EPC Register.
- Provide your tenant with a copy of the gas safety certificate
- You cannot evict a tenant with a Section 21 notice if you have not provided these documents.
You must not unlawfully discriminate against a tenant or prospective tenant on the basis of their, disability, sex, gender reassignment, pregnancy or maternity, race, religion or belief or sexual orientation.
Consider getting professional assistance
Setting up a tenancy is a complex legal process and there are lots of requirements that landlords must meet before renting out a property. Unless you are very experienced you may wish to instruct a reputable letting agent to set up a tenancy to ensure those requirements are met. Landlords should check that the agent is registered with an approved redress scheme. Some letting agents will also be members of a professional body such as ARLA, RICS or NAEA, and should have appropriate professional indemnity insurance and arrangements for client-money-protection.
We recommend you read the government's How to Let guide before renting out property.