List of Landlord Responsibilities for Landlords in Surrey

Renting out property can have great financial benefits, such as providing an additional, passive income and capital growth if the property value increases. However, being a landlord comes with a long list of responsibilities and legal obligations to comply with. 

Many legislative changes have been introduced through the Renters’ Rights Act 2025, including new rules that came into force in May 2026 and further changes to come in the near future.  

Understanding how the changes impact your responsibilities is essential to avoid financial penalties and other legal issues. 

If you are considering renting a property out in Cobham, Claygate or surrounding areas of Surrey, this guide will help you to navigate your landlord responsibilities to ensure compliance with all the relevant regulations. 

Surrey Landlord Responsibilities Checklist  

Whether you are an existing landlord looking to get a refresh of the latest rules or you are renting out property for the first time, you can use the checklist below to guide you through your responsibilities:  

1. Setting up as a landlord  

Licence requirements 

In some areas, landlords are required to register as a landlord with the local council. This does not apply to landlords in Surrey but if you are planning on renting out a House in Multiple Occupation (HMO) you will require an HMO licence through the borough council. A property is considered to be an HMO if it will be occupied by 5 or more people who are not part of a single household.  

For HMO properties in Cobham and Claygate, an HMO licence must be applied for through Elmbridge Borough Council. The application fee is £600, and the property will be inspected to check it is suitable and meets the required standards before a licence is issued. There is a £50 discount on the HMO Licence application fee for members of the RLA or the NLA. 

Tenancy agreement 

Another important responsibility is to set up the correct tenancy agreement. If you are using a letting agent, they will be able to set up the tenancy agreement on your behalf. The tenancy agreement should include the terms of the rental agreement, including rights and responsibilities for tenants and landlords, as well as the rental price and payment agreement.  

From 1 May 2026, fixed term assured shorthold tenancies were abolished, with all existing tenancy agreements reverting to periodic tenancies. Tenancies starting after 1 May 2026 must all be set up as periodic tenancies from day 1. 

Buy-to-Let mortgage 

If you have a mortgage on the property, this must be a buy-to-let mortgage. So, if you currently have a residential mortgage and now want to rent the property out, you will be required to switch to a buy-to-let mortgage. The only alternative to this is to obtain a “consent to let” from your mortgage provider. Generally, lenders will only approve this for short period and not for long-term rentals.   

2. Tenant onboarding responsibilities  

Once you have completed all the required processes to get set up as a landlord, the next set of responsibilities include the following onboarding procedures:  

Reference checks and right to rent checks 

Landlords are not legally required to complete tenant reference checks, but they are highly advisable in order to thoroughly screen prospective tenants before they move into your rental property.   

Private landlords in England have a legal responsibility to complete right to rent checks to ensure that tenants have the legal right to rent property in the UK. Right to rent checks involve reviewing the tenants’ passports or documents such as a certificate of naturalisation as a British Citizen.   

For non-British and non-Irish citizens, landlords must review immigration documents to check the tenant’s right to rent in the UK. If the tenant has a right to rent share code, landlords can use the share code to confirm the tenant has the right to rent.  

Providing the Renters’ Rights Act Information sheet 

Before the introduction of the Renters’ Rights Act, landlords were required to provide tenants with the How to Rent Guide. This document has now been withdrawn and from 1 May 2026, landlords have a legal requirement to provide a copy of the Renters’ Rights Act Information Sheet.  

The deadline for providing the Information Sheet to tenants was 31 May 2026. The document informs tenants of how the legislative changes impact them and must be provided to all tenants named on the tenancy. Failure to comply with the new rules can result in a fine of up to £7,000. 

Inventory checks 

While not a legal requirement, completing a comprehensive inventory will help to avoid disputes at the end of the tenancy. The inventory should include a full list of property details and items, including their condition, with photos to provide evidence. 

If there is any damage to the property that is considered to be more than wear and tear, a detailed inventory can help landlords to claim costs from the tenant to cover repairs or replacement.  

Deposit protection 

Landlords must transfer tenancy deposits into a government approved deposit protection scheme. The three tenancy deposit schemes are the Tenancy Deposit Scheme, the Deposit Protection Service and MyDeposits.  

3. Health and safety rules  

Landlords must ensure their rented properties are safe and free from health hazards, which includes meeting fire, gas and electrical safety requirements.  

Fire safety 

Fire safety requirements include providing a smoke alarm on each floor. Since October 2022, carbon monoxide alarms are required in rooms that have a fixed combustion appliance, which includes gas boilers.  

Landlords must also ensure that tenants have access to fire escapes at all times and if the landlord provides any furniture or furnishings, they must be fire safe. A fire risk assessment is not legally required under fire safety regulations for single-family rented properties, but it is best practice to perform them. 

There are additional building and communal area fire safety responsibilities for HMO landlords, which depend on the size of the property. Elmbridge Borough Council requires a fire risk assessment to be carried out and additional requirements such as having fire doors, emergency lighting and the provision of fire-fighting equipment may be needed.  

Gas and Electrical safety checks

All gas appliances must be annually checked by a qualified Gas Safe registered engineer. Once gas appliances have been checked, a gas safety certificate will be issued by the engineer, and a copy of the gas safety certificate should be provided to the tenant.  

If the gas safety checks identify any issues that deem appliances unsafe for use, the engineer will categorise the level of risk and appliances may need to be replaced before a gas safety certificate is issued. 

Private rented properties also require an electrical installation inspection every five years and an Electrical Installation Condition Report (EICR) will be issued, with a copy provided to the tenant.  

HHSRS hazard ratings 

In some cases, the council or tenants might request a Housing Health and Safety Rating System (HHSRS) evaluation, which is used to identify and rectify any potential health hazards.  

EPC and MEES regulations 

Before renting out a property, landlords must obtain an Energy Performance Certificate (EPC) to provide tenants with the energy efficiency rating and information about energy costs.  

Under the Minimum Energy Efficiency Standards (MEES) regulations, rented properties must meet a minimum energy efficiency rating of E. There are proposals for the minimum rating to be upgraded to C by 2030, but this is still going through consultation processes.  

Energy efficient rental properties are in higher demand, so energy efficiency improvements that improve the Energy Performance Certificate (EPC) rating are worthwhile. Making improvements can also help Surrey landlords to be prepared if the minimum rating does get upgraded. 

4. What does a landlord have to fix?

Ongoing maintenance responsibilities 

Rental property maintenance is largely the responsibility of the landlord, as they are required to ensure the property is safe and habitable. This includes carrying out repairs to: 

• The exterior and structure of the property: such as walls, guttering and drains, as well as roof chimneys.  
• Plumbing and sanitation: e.g. baths, sinks, toilets and pipes are also the landlord’s responsibility.  
• Heating and hot water: Landlords must ensure the heating system and hot water supply are in working order.  
• Appliances provided in the tenancy: Appliances must be safe and in working order.  
• Damp and mould: Under Awaab’s Law (to be extended to the private rented sector under the Renters’ Rights Act in the future), landlords will have to investigate and fix damp and mould hazards within set timeframes. If a tenant reports damp or mould, Surrey landlords will need to respond quickly and identify the cause, rectifying issues such as poor ventilation or leaks. If the cause cannot be identified, a professional inspection may have top be carried out by a qualified contractor. 

Landlords must respond to repair requests within a reasonable time and any issues that are a health or safety hazard should receive immediate attention. 

5. Remaining compliant  

Regulations affecting landlord responsibilities change on a regular basis and landlords have to stay up to date with the latest legislation to remain compliant.  

The Renters’ Rights Act 2025 encompasses a significant set of reforms to the private rented sector with some key changes already now in effect. These include: 

• Section 21 ‘no-fault’ evictions are abolished – landlords must now use Section 8 and cite a valid legal ground for possession. 
• All tenancies are now periodic (rolling) from day one – no more fixed terms. 
• Rent increases are restricted to once per year via a Section 13 notice – with at least two months’ notice required. 
• Landlords cannot ask for more than one month’s rent in advance. 
• Tenants have a legal right to request a pet – landlords must consider requests and provide valid reasons if refusing. 
• Discrimination against tenants with children or those receiving benefits is now illegal. 
• A new private rented sector (PRS) database is being introduced in phases from late 2026 – landlords will be required to register. 
• A new Private Rented Sector Ombudsman is also planned (expected from 2028) 

6. Conduct with tenants  

Breaching rules that protect tenants can land you in legal trouble, so it is important that your conduct and contact with tenants adheres to rules such as:  

• Tenants ‘right to quiet enjoyment’ of the property – Breaches of this include harassment and unannounced visits.  
• 24hr minimum notice before entry – Landlords must provide 24 hours’ notice that they plan to enter the property, including for inspections or repairs.  
• Responsiveness – If a tenant reports an issue, landlords must respond in a reasonable time. This is particularly important if a potential health hazard has been flagged, such as black mould. Under Awaab’s Law, landlords will have to investigate reports of significant damp and mould within defined timeframes. 

Through the Renters’ Rights Act, local councils have been granted higher powers for investigating potential breaches of rules and can issue financial penalties of up to £40,000 for non-compliance. 

Find out more in our dedicated guides for landlords, coving a range of subjects, from the new Renters’ Rights Act to ending a tenancy legally. 

Need help managing your landlord responsibilities in Surrey? 

This checklist should help you to get up to speed with some of the most important landlord responsibilities but with over 170 rules and regulations including significant rule changes under the Renters’ Rights Act, it may feel a little overwhelming.  

As an experienced and trusted letting agent in Surrey areas including Hinchley Wood, we can help you to navigate the new landscape and remain compliant. Get in touch if you would like to find out more about our services.