How to ensure a successful tenancy

A tenancy agreement is a legal document and it is good practice for it to be accompanied by a written inventory detailing property conditions. We would recommend both landlords and tenants take photos when signing inventories and details of any promised repairs/improvements are provided in writing. If there are any concerns about conditions, inventories or contract terms, please get specialist advice.

At the beginning of the tenancy, the landlord must provide certain information and undertake Right to Rent checks. Properties must be safe to occupy and tenants given a copy of the current valid documentation which includes the EPC, electrical installation condition report and the gas safety certificate.

There are rules on what landlords and letting agents can charge. Most tenancy related fees are banned under the Tenant Fees Act. . Landlords and agents cannot charge for references, administration, inspections etc. More information can be found on the Gov.UK website: Tenant Fees Act. Rules on rent in advance may also change with proposed introduction of the Renter Rights Bill planned for summer 2025.

Tenancy deposits

There are limits on the amount of money that be charged as a deposit, any deposits must be protected under a government approved scheme. More information can be found on the Gov.UK website: Tenancy Deposit Protection. 

All tenancy deposits and associated fees must comply with the Tenants Fees Act and where appropriate held in accordance with a Government approved scheme. There are fines of up to £30,000 and tenants can be awarded compensation for non compliance.

Landlords have 30 days to provide tenants with the scheme's contact details and information about how the deposit is protected. After a tenancy ends, landlords have 10 days to return the deposit to the tenant if both parties agree on the amount. More information can be found on the Gov.UK website: Tenancy Deposit Schemes. 

Property Managers / Letting Agents

If you’re a property manager or letting agent you have to be a member of a Government backed Property Redress Scheme. The role of the Redress Scheme is to provide an independent and impartial resolution to consumer complaints. Further details can be found on the Gov.UK website: Redress Schemes.

In addition to the Redress Schemes, letting or property management agents in the private rented sector in England must also be a member of a Client Money Protection Scheme. This is to stop tenants and landlords being left out of pocket when uninsured agents unexpectedly go bankrupt or abscond with their money. Further information can be found on the Gov.UK website: Protecting Clients' Money.

These schemes make sure landlords and tenants are compensated if an agent cannot repay their money or if they go into administration. This is different to Tenancy Deposit Protection and Property Redress Schemes.