Letting Your New Build Home: Landlord Responsibilities
Published by New-Builds Team • Landlord Guide • 20 min read
Becoming a landlord in the UK carries a substantial range of legal obligations that every property investor must understand and comply with, regardless of whether they manage the property themselves or use a letting agent. The regulatory framework governing the private rented sector has expanded considerably over the past decade, with successive legislation introducing new requirements around safety, tenant protection, energy efficiency, and fair practice. For landlords letting new build properties, there is a common misconception that a brand new home is automatically compliant with all requirements — while new builds do benefit from modern construction standards, there are many landlord-specific obligations that are independent of the property’s age and must be actively fulfilled before, during, and throughout every tenancy. Failure to comply with these obligations can result in penalties ranging from fixed fines of a few hundred pounds to criminal prosecution and unlimited fines, as well as the inability to serve valid eviction notices.
This guide provides a comprehensive overview of every legal responsibility you face as a landlord letting a new build property in England. We cover the essential safety certifications you must obtain, the rules governing tenancy deposits, Energy Performance Certificate requirements, Right to Rent immigration checks, licensing obligations, insurance considerations, and the evolving legislative landscape that will shape landlord responsibilities in 2025-2026 and beyond. Whether you are letting your first property or adding to an existing portfolio, this checklist-driven guide ensures you meet every obligation and protect both your tenants and your investment. For landlords in Scotland, Wales, or Northern Ireland, note that some requirements differ due to devolved legislation, and specific local advice should be sought.
Landlord Compliance Overview
Before we examine each obligation in detail, here is a summary of the core compliance requirements that apply to all landlords letting residential property in England. Each of these is explored in full in the sections that follow.
Gas Safety Requirements
Gas safety is one of the most critical and non-negotiable landlord obligations. Under the Gas Safety (Installation and Use) Regulations 1998, every landlord must ensure that all gas appliances, fittings, and flues in their rented property are checked for safety by a Gas Safe registered engineer at least once every 12 months. A Gas Safety Certificate (CP12) must be obtained before a tenant moves in, and renewed annually throughout the tenancy.
For new build properties, gas appliances will have been installed and tested during construction, but this does not satisfy the landlord’s obligation to obtain an annual gas safety check. You must arrange your own inspection by a Gas Safe registered engineer before your first tenant takes occupation, and then every 12 months thereafter. The gas safety record must be provided to existing tenants within 28 days of the check, and to new tenants before they move in.
Gas Safety: Key Requirements
Penalty Warning
Failure to comply with gas safety requirements is a criminal offence. Penalties include an unlimited fine and up to 6 months imprisonment. In the most serious cases — where negligence results in a carbon monoxide-related death — charges of manslaughter can be brought. Additionally, you cannot serve a valid Section 21 eviction notice if you do not have a current gas safety certificate. There is no excuse for non-compliance with gas safety requirements.
For new build properties that are all-electric (no gas supply), gas safety regulations do not apply. However, you should still ensure that any electrical heating systems are properly maintained and included in the electrical safety inspection. The growing number of new builds with air source heat pumps and electric heating means some landlords may not need a gas safety certificate, but always confirm the property’s heating source before making this assumption.
Electrical Safety Standards
Since 1 June 2020, landlords in England have been required to ensure that electrical installations in their properties are inspected and tested by a qualified and competent person at least every 5 years. This requirement is set out in the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
An Electrical Installation Condition Report (EICR) must be obtained from a qualified electrician (registered with a competent person scheme such as NICEIC, NAPIT, or ELECSA) before a new tenant moves in, and thereafter at intervals of no more than 5 years. The EICR must be provided to new tenants before they occupy the property, to existing tenants within 28 days of the inspection, and to the local authority within 7 days if requested.
For new build properties, the electrical installation will have been tested and certified as part of the building process, and the developer should provide you with an Electrical Installation Certificate (EIC) at handover. This certificate typically covers the initial period, but you must ensure that a valid EICR is in place before the 5-year period expires or before a tenancy begins if the EIC has been superseded. Any issues classified as C1 (danger present) or C2 (potentially dangerous) must be rectified within 28 days, or sooner if specified on the report, and a certificate of completion provided to the tenant and local authority.
New Build Advantage
New build properties benefit from being constructed to the latest edition of BS 7671 (IET Wiring Regulations), which means the electrical installation should be in excellent condition and unlikely to have issues at the first EICR. This can save landlords the cost and disruption of remedial electrical work that is common in older properties. However, do not assume the developer’s certificate covers your landlord obligations — always check the certificate dates and ensure continuous compliance.
Smoke and Carbon Monoxide Alarms
Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, landlords in England must ensure that smoke alarms are fitted on every storey of their rental property that is used as living accommodation, that carbon monoxide alarms are fitted in any room containing a fixed combustion appliance (excluding gas cookers), and that all alarms are in proper working order at the start of each new tenancy.
New build properties should be fitted with compliant smoke and carbon monoxide detection systems as part of the building process, typically including mains-wired, interconnected alarms with battery backup. This exceeds the minimum regulatory requirement and is a significant advantage for new build landlords. However, you must still check that all alarms are functioning correctly at the start of each tenancy and replace batteries or entire units as needed. It is good practice (and some letting agents require it) to test alarms at each property inspection, typically conducted quarterly.
Tenancy Deposit Protection
The Housing Act 2004 requires all landlords who take a tenancy deposit from an Assured Shorthold Tenancy (AST) tenant in England and Wales to protect that deposit in a government-authorised tenancy deposit scheme within 30 days of receiving it. There are three authorised schemes: the Deposit Protection Service (DPS), MyDeposits, and the Tenancy Deposit Scheme (TDS). Landlords can choose between custodial schemes (where the scheme holds the deposit) or insurance-based schemes (where the landlord holds the deposit but pays an insurance premium to the scheme).
In addition to protecting the deposit, you must serve the tenant with the scheme’s Prescribed Information within 30 days of receiving the deposit. This includes details of the deposit amount, the scheme it is registered with, the circumstances under which deductions may be made, and how to apply for the return of the deposit at the end of the tenancy. Both the deposit protection and the Prescribed Information must be re-served if the tenancy is renewed (though not if a fixed-term AST becomes a periodic tenancy by default).
If you fail to protect the deposit or serve the Prescribed Information within 30 days, your tenant can apply to the county court for an order requiring you to pay compensation of between 1x and 3x the deposit amount. Additionally, you will be unable to serve a valid Section 21 eviction notice until the deposit is properly protected and the Prescribed Information has been served. This is one of the most common compliance failures and one of the most costly.
For new build properties, conduct a thorough inventory and schedule of condition with timestamped photographs before the first tenant moves in. This is particularly important because the property will be in pristine condition, and any damage caused during the tenancy will be clearly attributable. Use a professional inventory clerk (£80-150) for a comprehensive, court-admissible document. This investment pays for itself many times over if there is a deposit dispute at the end of the tenancy.
The maximum deposit you can take is capped at 5 weeks’ rent for tenancies where the annual rent is less than £50,000, or 6 weeks’ rent where the annual rent is £50,000 or more. This cap was introduced by the Tenant Fees Act 2019. Holding deposits (a payment to reserve the property before the tenancy begins) are capped at 1 week’s rent and must be returned or offset against the first month’s rent or the tenancy deposit within 15 days of agreeing the tenancy.
Energy Performance Certificate (EPC)
An Energy Performance Certificate (EPC) is a legal requirement for any property that is rented out. The EPC rates the energy efficiency of the property on a scale from A (most efficient) to G (least efficient) and must be available to prospective tenants before a tenancy agreement is signed. EPCs are valid for 10 years from the date of issue.
Under the Minimum Energy Efficiency Standards (MEES) Regulations, it has been illegal to grant a new tenancy for a property with an EPC rating below E since April 2018, and this was extended to all existing tenancies from April 2020. The government has proposed tightening this to a minimum of C for new tenancies (with existing tenancies following), though the implementation timeline has been subject to delays and revisions. The most recent proposals suggest this may take effect between 2028 and 2030.
New Build EPC Advantage
New build properties are typically rated EPC A or B, well above both the current minimum E requirement and any foreseeable future minimum of C. This is a significant competitive advantage for new build landlords, both in terms of regulatory compliance (no risk of needing costly energy upgrades) and tenant appeal (lower energy bills are a strong selling point). The EPC for a new build is usually provided by the developer as part of the completion process, and you should receive this at handover. Always verify the EPC is registered on the government’s EPC Register.
Right to Rent Checks
Since 1 February 2016, all landlords in England have been required to check the immigration status of prospective tenants before granting a tenancy. Under the Immigration Act 2014 (as amended by the Immigration Act 2016), this means verifying that every adult (aged 18 or over) who will occupy the property as their only or main home has the legal right to rent in the UK.
Right to Rent checks can be conducted in three ways:
Manual Document Check
View the original documents in person, check they are genuine and belong to the prospective tenant, make and retain copies (either paper or digital), and record the date the check was made. Acceptable documents include a British or Irish passport, a biometric residence permit, or a share code from the Home Office online system.
Home Office Online Check
Use the Home Office online checking service with a share code provided by the tenant. This is mandatory for tenants with Biometric Residence Cards, EU Settlement Scheme status, or eVisas. Record the date and retain a printed or digital copy of the online response for your records.
Identity Service Provider (IDSP) Check
Use a certified Identity Service Provider to conduct the check digitally on your behalf. This option is available for British and Irish passport holders and uses identity verification technology to confirm the person’s identity and right to rent.
Checks must be conducted before the tenancy begins and repeated before the expiry date of any time-limited right to rent. Penalties for non-compliance include civil penalties of up to £20,000 per tenant for a first offence (or criminal prosecution with up to 5 years’ imprisonment for knowingly letting to someone without the right to rent). Landlords must not discriminate on the basis of nationality, ethnicity, or immigration status — checks must be applied equally to all prospective tenants.
Selective and HMO Licensing
Depending on the property type and the local authority area, you may need a licence to let your property. There are three main types of licensing that can apply.
Applies to Houses in Multiple Occupation (HMOs) with 5 or more tenants from 2 or more households. This is a national requirement. Licence costs vary by local authority (typically £500-1,500) and last for up to 5 years. Operating without a licence carries penalties of up to £30,000 or prosecution.
Some local authorities extend licensing to smaller HMOs (e.g., 3 or more tenants from 2 or more households). This applies in designated areas only. Check with your local council whether your property falls within an additional licensing scheme.
Applies to all privately rented properties in designated areas, regardless of the number of tenants. Many local authorities operate selective licensing schemes in specific postcodes. Fees typically range from £300-800 per property. Failure to obtain a licence prevents you from serving Section 21 notices.
For new build apartments let to a single household on a standard AST, mandatory HMO licensing is unlikely to apply. However, selective licensing is area-based and can apply to any privately rented property, including new builds. Always check with your local authority before letting to confirm whether any licensing scheme applies in your area. Operating without a required licence not only carries fines but also prevents you from serving valid eviction notices and can result in tenants claiming back up to 12 months’ rent through a Rent Repayment Order.
The How to Rent Guide and Required Documentation
Before or at the start of every new AST in England, landlords must provide tenants with a copy of the government’s “How to Rent” guide. This is a free publication available on GOV.UK that outlines tenants’ rights and responsibilities. Failure to provide the most current version of this guide invalidates any subsequent Section 21 eviction notice.
In addition to the How to Rent guide, the following documents should be provided to tenants at the start of the tenancy:
Landlord Insurance Requirements
While landlord insurance is not a strict legal requirement, it is an essential practical consideration and is typically required by your mortgage lender if the property is financed. Standard home insurance does not cover a property that is let out, and failing to have appropriate cover could leave you exposed to significant financial losses.
A comprehensive landlord insurance policy should include:
Covers the structure of the property against damage from fire, flood, subsidence, and other perils. Note: for apartments, buildings insurance is typically arranged by the freeholder and funded through the service charge.
If you let the property furnished or part-furnished, this covers your furniture, appliances, and fixtures against damage or theft.
Covers legal liability if a tenant or visitor is injured due to a defect in the property. Typically provides cover of £1-5 million.
Optional cover that pays your rent if a tenant stops paying, typically for up to 6-12 months plus legal costs for possession proceedings. Costs £150-350 per year and requires proper tenant referencing.
The Tenant Fees Act 2019
The Tenant Fees Act 2019 strictly limits the payments that landlords and letting agents can require from tenants in England. Understanding these restrictions is essential to avoid breaching the law and facing penalties of up to £5,000 for a first offence and up to £30,000 for subsequent offences.
The only payments you can require from a tenant are:
Rent
The agreed monthly rent payment. Any rent increase during a tenancy must follow the terms set out in the tenancy agreement or be agreed by the tenant.
Tenancy Deposit
Maximum 5 weeks’ rent (annual rent under £50,000) or 6 weeks’ rent (annual rent £50,000+). Must be protected in an authorised scheme.
Holding Deposit
Maximum 1 week’s rent. Must be returned or applied within 15 days of the tenancy being agreed.
Default Fees
Only if specified in the tenancy agreement: late rent payment (interest at max 3% above Bank of England base rate) and lost key replacement (at reasonable cost with evidence).
Tenant-Requested Changes
A reasonable charge (capped at £50 unless higher costs are evidenced) for changes to the tenancy requested by the tenant, such as a change of sharer.
Fitness for Human Habitation
The Homes (Fitness for Human Habitation) Act 2018, which came into force on 20 March 2019 for new tenancies, imposes a requirement on landlords to ensure that the property is fit for human habitation at the start of the tenancy and throughout its duration. This Act gives tenants the right to take legal action directly against their landlord if the property is unfit, without needing to involve the local authority.
Fitness for human habitation is assessed against the 29 hazards defined in the Housing Health and Safety Rating System (HHSRS), which include damp and mould growth, excess cold, excess heat, falls on stairs, fire risks, carbon monoxide, lead, asbestos, lighting, noise, crowding, water supply, drainage, structural collapse, and electrical hazards among others. For new build properties, most of these hazards should be absent at the point of handover, but landlords must remain vigilant for issues that can develop over time, such as condensation-related damp, ventilation problems, or defects that emerge after the builder’s defect period.
Repairs and Maintenance Obligations
Under Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for maintaining the structure and exterior of the property, including walls, roof, foundations, drains, guttering, and external pipes. They must also keep in repair and proper working order the installations for the supply of water, gas, electricity, sanitation (including basins, sinks, baths, and toilets), and space and water heating. This obligation cannot be contracted out of in the tenancy agreement.
For new build properties, the NHBC Buildmark warranty (or equivalent) provides an additional layer of protection. During the first 2 years (the builder warranty period), the developer is responsible for fixing defects covered by the warranty. From years 3-10, the warranty provider covers structural defects. This means that for the first decade of ownership, many repair issues that would normally fall entirely on the landlord are partially covered by warranty. However, the landlord remains responsible for general wear and tear, tenant-reported issues, and any repairs not covered by the warranty.
Response Time Best Practice
While there are no specific legal timeframes for non-emergency repairs, best practice and court expectations suggest: Emergency repairs (loss of heating, water supply failure, gas leak, flooding): attend within 24 hours. Urgent repairs (leaking roof, broken locks, faulty electrics): address within 3-7 days. Non-urgent repairs (cosmetic issues, minor plumbing): address within 28 days. Documenting your response to repair requests helps demonstrate compliance and protects you in any dispute. For a comprehensive approach to property management, see our guide on property management tips for new build landlords.
Data Protection and GDPR
As a landlord, you collect and process personal data from tenants (names, addresses, employment details, bank details, identification documents, and references). This makes you a data controller under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. While individual landlords with a small number of properties are unlikely to need to register with the Information Commissioner’s Office (ICO), you must still comply with data protection principles.
In practical terms, this means you should only collect data that is necessary for the landlord-tenant relationship, store personal data securely (password-protected digital files, locked cabinets for paper documents), not retain data longer than necessary (typically delete tenant data within 6 years of the tenancy ending, in line with limitation periods), and not share tenant data with third parties without a legitimate reason or consent. Right to Rent document copies, referencing information, and tenancy records should all be stored securely and disposed of appropriately when no longer needed.
The Renters’ Rights Bill: What’s Changing
The Renters’ Rights Bill, introduced to Parliament in September 2024, represents the most significant reform of the private rented sector in a generation. While exact implementation dates are still being confirmed, landlords should be preparing for the following key changes:
Abolition of Section 21 ‘No-Fault’ Evictions
The Bill will abolish Section 21 notices entirely, meaning landlords will only be able to evict tenants using Section 8 grounds (specific reasons such as rent arrears, antisocial behaviour, or the landlord wanting to sell or move in). New and strengthened grounds will be introduced to ensure landlords can still recover possession when they have a legitimate reason.
Periodic Tenancies as Default
Fixed-term ASTs will be replaced by periodic tenancies as the default, giving tenants the right to end a tenancy with 2 months’ notice at any time. Landlords will not be able to prevent tenants from leaving during a minimum term, though there may be restrictions on tenant notice in the first few months.
Private Rented Sector Ombudsman
A new Ombudsman service will be established for the private rented sector, providing tenants with an alternative to court for resolving disputes. All private landlords will be required to register with the Ombudsman.
Property Portal
A new digital property portal will be created where landlords must register their properties and demonstrate compliance with legal requirements. This will provide a single reference point for tenants, councils, and landlords.
Right to Keep Pets
Tenants will have the right to request permission to keep a pet, and landlords will not be able to unreasonably refuse. Landlords may require tenants to take out pet damage insurance to cover any potential damage.
Frequently Asked Questions
Do I need to tell my mortgage lender I am letting the property?
Yes, absolutely. If you have a residential mortgage, letting the property without your lender’s consent is a breach of your mortgage terms and could result in the lender calling in the loan. You either need a buy-to-let mortgage, or if you originally purchased with a residential mortgage, you must obtain ‘consent to let’ from your existing lender (which may involve a higher interest rate or fee). Never assume your lender won’t find out — insurers, tenants, and letting agents can all trigger discovery.
Does the lease of my new build flat allow subletting?
Most new build leases permit subletting (letting to a tenant) but you must check the specific terms. Some leases require you to obtain the freeholder’s consent before letting (which may incur an administrative fee), while others restrict certain types of letting (such as short-term or holiday lets). Your solicitor should have flagged any restrictive covenants during the purchase process, but always review the lease terms before advertising the property. For more on apartment-specific considerations, see our guide on new build apartment investment.
What happens if I don’t comply with landlord responsibilities?
Non-compliance with landlord obligations can result in a range of consequences including financial penalties (fines of up to £30,000 per offence), criminal prosecution for serious breaches (such as gas safety or licensing offences), inability to serve valid Section 21 eviction notices, Rent Repayment Orders (requiring you to repay up to 12 months’ rent), civil claims from tenants for compensation, and invalidation of your landlord insurance. The cost of compliance is minimal compared to the financial and legal exposure of non-compliance.
Should I use a letting agent or manage the property myself?
This depends on your experience, available time, proximity to the property, and the size of your portfolio. A good letting agent will handle all compliance obligations on your behalf (tenant referencing, Right to Rent checks, deposit protection, serving of notices, and arranging safety certificates), but the legal responsibility remains with you as the landlord. Management fees typically range from 8-12% of monthly rent for full management. For a detailed comparison, see our guide on property management tips for new build landlords.
Do I need to register as a landlord?
In England, there is currently no national landlord registration scheme (unlike Scotland and Wales, which have mandatory registration). However, the Renters’ Rights Bill will introduce a national property portal where all rental properties must be registered. Additionally, you must register for Self Assessment with HMRC to declare rental income, and you may need to register with your local authority if you require a property licence. Membership of a professional body such as the National Residential Landlords Association (NRLA) is not mandatory but highly recommended for access to legal advice, templates, and updates on legislative changes.
Key Takeaway
Letting a new build property involves a comprehensive set of legal obligations that begin before your first tenant moves in and continue throughout every tenancy. While new build properties have inherent advantages in terms of safety standards, energy efficiency, and warranty protection, these do not exempt you from the specific requirements of being a landlord. Invest time in understanding your obligations, maintain a compliance calendar to track renewal dates for safety certificates, and consider joining a landlord organisation like the NRLA for ongoing support and updates. The regulatory landscape continues to evolve — staying informed is the best way to protect both your tenants and your investment. For tax guidance specific to landlords, read our property investment tax guide.