Lettings Compliance Checker: Portfolio Overview

Affects: Fawlty Towers, Whole property

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

The gas safety record appears not yet served in time for part of this mixed property setup.

Your task: Check which tenant arrangement still lacks a dated service trail within the expected 28-day window.

Why it matters

A missing or unserved gas safety record may be a criminal offence depending on the facts and current legal position, not a civil compliance gap. The HSE can prosecute; the LHA can also impose a civil penalty of up to £40,000 from 1 May 2026. The risk to tenant safety makes this the highest-priority safety obligation.

If an agent handles this: If you instruct an agent to manage the property, the obligation to arrange and retain the gas safety check is still yours. Contact your agent immediately to confirm whether an inspection has been arranged. If not, arrange it directly.

What this does not mean: Having a gas safety check carried out now does not retrospectively cover the period during which the property had no current record. The fact that an inspection was overdue is separate from the compliance position going forward — the immediate priority is to get a current record in place.

Tenant perspective: A tenant living in a property without a current Gas Safety Record can contact the Health and Safety Executive (HSE) or local authority housing team. Gas safety failures are taken seriously by enforcement authorities and can result in criminal prosecution of the landlord. A tenant can also withhold co-operation with a possession claim where gas safety obligations have not been met.

Affects: Fawlty Towers, Whole property

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

The current answers suggest it is not confirmed whether any room used as living accommodation contains a fixed combustion appliance that triggers a carbon-monoxide alarm duty.

Your task: Confirm whether any room used as living accommodation contains a fixed combustion appliance other than a gas cooker, then check that a carbon monoxide alarm is fitted there.

Why it matters

Missing alarms or missing follow-through after a reported fault create immediate safety and enforcement risk, while weak records make it harder to show the landlord met the start-of-tenancy and repair duties.

If an agent handles this: Contact your agent immediately to confirm the alarm setup and arrange for any gaps to be addressed. If the property is managed, the agent should be able to access the property to carry out an inspection — but the obligation is yours as landlord.

What this does not mean: Installing alarms now does not retrospectively cover the period during which the property did not meet the requirements. The immediate priority is to get the property into compliance; the historical gap is a separate matter.

Tenant perspective: A tenant in a property without the required alarms can report this to the local authority, which can serve a remedial notice and impose a financial penalty of up to £5,000 on the landlord. In the event of a fire, the absence of compliant smoke alarms would be highly relevant to any insurance claim or legal action.

Affects: Monument House, Helen

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

The information provided indicates a document exists but it is not clear whether it constitutes a written statement of key terms within the meaning of sections 12–15 of the Renters' Rights Act 2025. A letter of intent, a text confirming the monthly rent, or an out-of-date standard-form agreement may not meet the statutory requirement.

Your task: Locate your written tenancy document and check it against the list of prescribed terms under sections 12–15 of the Renters' Rights Act 2025 to confirm it qualifies as a compliant written statement.

Why it matters

Unclear document history weakens confidence in the tenancy record for this new tenancy.

If an agent handles this: If your agent holds the original agreement, request a copy and check it yourself. An agent holding your paperwork does not mean you hold your compliance evidence — you need your own copy in your own file.

What this does not mean: An unclear result does not mean the obligation has been met. If your document turns out to be incomplete, this is a live compliance gap, not a historical technicality.

Tenant perspective: Tenants have a statutory right under the Renters' Rights Act 2025 to request a written statement and to apply to the First-tier Tribunal if it is not provided or is deficient. A document that is ambiguous or incomplete will not satisfy that right.

Affects: Monument House, Helen

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

Based on the information provided, a deposit appears to have been received but the records do not show that it was protected with a government-approved scheme within 30 days and/or that the prescribed information was served on the tenant. This is a significant compliance gap: the court penalty for late or absent protection is between one and three times the deposit amount, and the landlord cannot serve a valid section 8 notice in respect of rent arrears while the deposit is unprotected.

Your task: Establish immediately whether the deposit is currently protected with an approved scheme; if it is not, protect it now and serve the prescribed information — and take legal advice on the penalty exposure arising from late protection.

Why it matters

This is a material compliance gap. Unprotected or unnotified deposits can prevent possession proceedings and expose the landlord to a significant financial penalty imposed by the court rather than capped by statute.

If an agent handles this: If an agent failed to protect the deposit, you should take legal advice on your exposure before approaching the tenant or the agent. The failure is legally yours as landlord even if an agent was negligent; your remedy against the agent is separate from your liability to the tenant.

What this does not mean: Protecting the deposit now does not retrospectively cure a failure to protect within 30 days of receipt — the penalty liability for late protection arises at the point the 30-day window closed. Late protection is still better than no protection, but it does not eliminate the prior exposure.

Tenant perspective: A tenant can apply to the county court for a penalty at any point during a live tenancy where deposit protection was absent or the prescribed information was not served. Many tenants only become aware of this entitlement when they consult Shelter, Citizens Advice, or a solicitor at the point of a dispute — so historical non-compliance can surface unexpectedly years after the original failure.

Affects: Monument House, Helen

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

Based on the information provided, the deposit amount appears to exceed the permitted cap under the Tenant Fees Act 2019. This is a prohibited payment under section 1 of the Act. An overcapped deposit needs to be refunded to the tenant to the extent it exceeds the permitted maximum, and you should not wait for the tenant to raise this.

Your task: Calculate the correct deposit maximum at the current rent (five weeks' rent for annual rents under £50,000; six weeks' rent at £50,000 or above), establish the excess, and arrange to refund it to the tenant promptly.

Why it matters

An excessive deposit can create a prohibited-payment issue and may require a refund or other correction that should be evidenced clearly.

If an agent handles this: If the agent collected the deposit and set the amount incorrectly, notify them and instruct them to arrange the refund. Document your instruction. Your liability under the Act is not removed by agent error.

What this does not mean: Returning the excess does not retrospectively cure the breach — the prohibited payment occurred when the overcapped deposit was accepted. However, prompt remediation significantly improves your position if enforcement action is considered.

Tenant perspective: A tenant can report an overcapped deposit to their local trading standards authority, which has enforcement powers under the Tenant Fees Act 2019. Trading standards can impose a penalty of up to £5,000 on first breach; a second breach within five years is a criminal offence triable in the magistrates' court.

Affects: Monument House, Helen

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

A current EICR exists, but it has not yet been served to the incoming household at Helen. Provide it before or at the start of the tenancy.

Your task: Serve the current EICR to the incoming household at Helen before or at the tenancy start date, and keep dated service evidence.

Why it matters

A missing, outdated, or unresolved EICR is a civil compliance gap carrying a penalty of up to £40,000 per breach. Multiple failures (no inspection, unremediated C1/C2 items, failure to serve) each attract a separate penalty.

If an agent handles this: Contact your agent immediately to confirm whether an EICR has been commissioned and whether it is on file. If not, arrange it directly — do not wait for the agent's next scheduled review.

What this does not mean: Arranging the EICR now does not retrospectively cover the period during which the property did not have a valid report. The breach of the 2020 Regulations occurred as soon as the required period lapsed without a current report in place.

Tenant perspective: A tenant who has not received an EICR or who believes the electrical installation has not been inspected within the required period can report this to the local authority, which can serve a remedial notice on the landlord with a 28-day compliance deadline. Non-compliance with a remedial notice can result in a financial penalty of up to £30,000.

Affects: Monument House, Helen

Note: Expanded guidance for this requirement is provided as structured guidance and a working record. It remains subject to legal verification before live reliance.

The EPC has not been served to the tenant at Helen.

Your task: Give the current EPC to the tenant at Helen and keep a dated service record.

Why it matters

Letting a property without a valid EPC, or below the minimum E rating without a registered exemption, may attract a civil penalty depending on the facts and current legal position of up to £5,000. Failure to serve the EPC to the tenant before the tenancy was also historically a bar to serving a valid s.21 notice.

If an agent handles this: If an agent has been managing the property, check whether they have the EPC on file and whether it is current. Do not assume the agent has monitored the 10-year validity or the MEES rating.

What this does not mean: Registering an exemption is not the same as complying with MEES — it is a temporary relief from the minimum standard, subject to renewal and conditions. An exemption does not address the underlying energy performance of the property.

Tenant perspective: A tenant in an F- or G-rated property without a registered exemption can report the landlord to the local authority. The local authority can impose a compliance notice and ultimately a financial penalty. Tenants are also increasingly aware of the right to request energy efficiency improvements.