This page covers private landlords in England. Wales, Scotland and Northern Ireland have their own rules for most of these duties, and they are not covered here. All figures are as at 30 September 2026. Penalties are maximums: the enforcing body decides the actual amount.
The penalties at a glance
| Duty | Law | Maximum penalty | Who enforces |
|---|---|---|---|
| Annual gas safety check and record | Gas Safety (Installation and Use) Regulations 1998, reg 36 | Criminal offence. In the Crown Court, a fine with no upper limit, up to 2 years in prison, or both | Prosecution under the Health and Safety at Work etc. Act 1974 |
| Electrical inspection and report | Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, reg 3 | £40,000 per penalty, and more than one for a continuing failure | Local housing authority |
| Smoke and carbon monoxide alarms | Smoke and Carbon Monoxide Alarm (England) Regulations 2015, reg 4 | £5,000 penalty charge for not complying with a remedial notice | Local housing authority |
| EPC shown to tenants | Energy Performance of Buildings (England and Wales) Regulations 2012, reg 6 | £200 for a dwelling | Local weights and measures authority (trading standards) |
| Minimum EPC band E | Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, reg 23 | £4,000 plus publication; £5,000 in total with related penalties | Local authority |
| HMO licence | Housing Act 2004, s72 | A fine with no upper limit, or a civil penalty up to £40,000 | Local housing authority |
| Deposit protection | Housing Act 2004, ss213 and 214 | 1 to 3 times the deposit, and most possession grounds blocked | County court, on the tenant's claim |
| Right to rent check | Immigration Act 2014, ss22 and 23 | £20,000 civil penalty. Up to 5 years in prison for the criminal offence | Home Office |
Gas safety
The landlord must keep every gas appliance, its pipework and its flue in a safe condition. The duty covers appliances the landlord provides, not ones the tenant is entitled to take away.
- Have each appliance and flue checked within 12 months of installation, then at intervals of no more than 12 months.
- A check done in the 2 months before the deadline is treated as done on the deadline, so the anniversary date does not move.
- The check and any work must be done by a registered gas engineer (reg 36(4)).
- Give a copy of the record to each existing tenant within 28 days of the check, and to a new tenant before they move in.
- Keep each record until two further checks have been done. If an appliance is removed, keep its last record for 2 years.
The record must show the date, the address, the landlord's name and address, each appliance or flue checked and where it is, any safety defect, any remedial action, the engineer's name and signature, and their registration number.
A breach is an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. In England and Wales, a magistrates court can impose a fine with no upper limit, up to 12 months in prison, or both. The Crown Court can impose a fine with no upper limit, up to 2 years in prison, or both.
Electrical safety
A qualified person must inspect and test every electrical installation in the property:
- before a new tenancy starts, and
- at least every 5 years, or sooner if the last report says so.
After each inspection the landlord must:
- give a copy of the report to each existing tenant within 28 days
- give a copy to a new tenant before they move in, and to a prospective tenant within 28 days of a written request
- give a copy to the council within 7 days of a written request
- give a copy to the person doing the next inspection, and keep it until the next inspection is done or due, whichever is later
If the report asks for further investigation or remedial work, a qualified person must do it within 28 days of the inspection, or sooner if the report says so. The landlord then gets written confirmation and sends it, with the report, to each tenant and to the council within 28 days of the work.
A landlord who has taken all reasonable steps is not in breach. A tenant refusing access does not mean the landlord had to go to court to count as having taken reasonable steps.
The council can impose a penalty of up to £40,000. It was £30,000 until an amendment that took full effect on 1 May 2026.
Smoke and carbon monoxide alarms
- A smoke alarm on every storey with a room used as living accommodation. A bathroom or toilet counts as living accommodation.
- A carbon monoxide alarm in any room used as living accommodation that has a fixed combustion appliance, other than a gas cooker.
- Check every alarm works on the day a new tenancy begins.
- If a tenant reports a faulty alarm, check it and repair or replace it as soon as reasonably practicable.
These rules do not apply to an HMO or house that needs a licence under Part 2 or Part 3 of the Housing Act 2004.
If the council believes a landlord is in breach, it must serve a remedial notice giving 28 days to put it right. A landlord who does not comply can be charged up to £5,000.
Energy Performance Certificate
A valid EPC must be made available free to anyone who asks about or views the property, and given to the person who becomes the tenant. The penalty for a dwelling is £200.
A property rated below band E must not be let, unless an exemption in the regulations applies. For this rule an EPC counts only if it was registered in the last 10 years and no newer one exists. Penalties:
- in breach for less than 3 months: up to £2,000, and the breach is published
- in breach for 3 months or more: up to £4,000, and the breach is published
- total penalties for one breach, including penalties for false information or ignoring a compliance notice: no more than £5,000
HMO licensing
An HMO needs a mandatory licence if five or more people from two or more households live there and it meets one of the tests in section 254 of the Housing Act 2004. Councils can also require licences for other rented property under Part 2 or Part 3 of the Act, so check with your council.
Letting an HMO that needs a licence without one is an offence with a fine that has no upper limit. The council can instead impose a civil penalty of up to £40,000, raised from £30,000 on 1 May 2026. For offences from 1 May 2026, a tribunal can also order the landlord to repay up to 2 years of rent.
Tenancy deposits
- Protect the deposit in an authorised scheme within 30 days of receiving it.
- Give the tenant the prescribed information within the same 30 days.
- Take a deposit only in money.
If the landlord fails, the county court must order them to pay the tenant between 1 and 3 times the deposit. A landlord who has not protected the deposit, or returned it, also cannot use most possession grounds.
Right to rent
Before a new tenancy in England, check that every adult aged 18 or over who will live there has the right to rent. If a tenant's permission to stay is time-limited, do the check in the 28 days before the tenancy starts, and do follow-up checks.
The Home Office can impose a civil penalty of up to £20,000. Letting to someone you know, or have reasonable cause to believe, is disqualified is a criminal offence with up to 5 years in prison on indictment.
What changed on 1 May 2026
Much of the Renters' Rights Act 2025 came into force on 1 May 2026 for private assured tenancies in England. As at 30 September 2026:
- Landlords cannot use section 21 of the Housing Act 1988 to seek possession.
- Councils can fine up to £7,000 for tenancy breaches, such as claiming a tenancy is fixed-term or trying to end it with a notice to quit.
- Councils can fine up to £40,000, as an alternative to prosecution, for offences such as reletting within the 12-month restricted period after using possession ground 1 or 1A.
- The HMO licensing offence and rent repayment orders were widened, as described above.
Other parts of the Act, including the private rented sector database and the landlord redress scheme penalties, did not come into force on 1 May 2026.
Records to keep
| Record | How often | Give to tenant | Keep |
|---|---|---|---|
| Gas safety record | Every 12 months | Within 28 days; new tenant before move-in | Until two further checks |
| Electrical report | Before tenancy, then at least every 5 years | Within 28 days; new tenant before move-in | Until the next inspection is done or due, whichever is later |
| Alarm check | First day of each new tenancy | Not required by the regulations | Not specified |
| EPC | Band E or above; valid for this purpose for 10 years | Free, before viewing or written details | On the national register |
| Deposit protection | Within 30 days of receipt | Prescribed information within 30 days | Not specified |
This page is general information, not legal advice. Check the linked legislation before relying on it.
Sources
Checked against these on 2026-09-30.
- Gas Safety (Installation and Use) Regulations 1998, regulation 36
- Gas Safety (Installation and Use) Regulations 1998, regulation 36A
- Health and Safety at Work etc. Act 1974, section 33
- Health and Safety at Work etc. Act 1974, Schedule 3A
- Sentencing Act 2020, section 224
- Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, regulation 3
- Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, regulation 11
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 2
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 5
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 8
- Energy Performance of Buildings (England and Wales) Regulations 2012, regulation 6
- Energy Performance of Buildings (England and Wales) Regulations 2012, regulation 34
- Energy Performance of Buildings (England and Wales) Regulations 2012, regulation 38
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, regulations 22 and 23
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, regulation 34
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, regulation 40
- Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, article 4
- Housing Act 2004, section 72
- Housing Act 2004, section 249A
- Housing and Planning Act 2016, sections 40 and 44
- Housing Act 2004, section 213
- Housing Act 2004, section 214
- MHCLG: Repossessing your privately rented property after 1 May 2026
- MHCLG: Enforcement measures for landlords: Renters' Rights Act 2025
- S.I. 2026/421, the regulations that brought parts of the Renters’ Rights Act 2025 into force, regulations 2 and 3
- Immigration Act 2014, sections 22, 23, 33A and 33C
- Home Office: Checking your tenant's right to rent
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Published 2026-07-27. Corrected and updated 2026-09-30. This article is for general guidance only and does not constitute legal or professional advice. Always refer to the relevant standards and consult qualified professionals for definitive requirements.