What Legal Documents and Compliance Do You Need to Let Out a Property in Nottingham?

Letting out a property in Nottingham can be a great way to generate rental income, but becoming a landlord comes with a number of legal responsibilities.

Before a property can be advertised and a tenant moves in, landlords need to consider everything from property licensing and gas safety to electrical checks, EPC requirements, insurance, tenant checks and deposit protection.

There are also important changes to the private rental sector following the introduction of the Renters’ Rights Act in May 2026, which has changed how landlords create and manage tenancies.

For landlords in Nottingham, there is an additional consideration: the city has extensive property licensing requirements, meaning that even a standard family home may require a licence depending on its location and occupancy.

So, what do you actually need to do before letting your property?

Does Your Nottingham Property Need a Licence?

One of the first things you should establish is whether your property requires a licence from Nottingham City Council.

Nottingham operates three different property licensing schemes:

• Selective Licensing
• Additional HMO Licensing
• Mandatory HMO Licensing

The licence required depends on factors including where the property is located, how many people live there and how many households occupy the property.

Selective Licensing in Nottingham

This is particularly important for landlords letting a normal house or flat to a single household.

Nottingham’s Selective Licensing scheme applies to designated areas of the city and covers many privately rented properties occupied by a single person, a family or, in certain circumstances, two unrelated individuals.

In other words, you do not have to be running an HMO for your property to require a licence.

The current Selective Licensing scheme began on 1 December 2023 and covers designated areas of Nottingham. The council recommends checking the exact property address rather than assuming that a property does or does not require a licence.

This is particularly important if you are buying a property as a buy-to-let investment. You should check the licensing position before completing your purchase, as licensing requirements can have a significant impact on the costs and responsibilities associated with the property.

Nottingham City Council states that renting out an unlicensed property where a licence is required can result in significant financial penalties, prosecution and potentially a Rent Repayment Order.

HMO Licensing

If you are renting a property to multiple unrelated tenants, additional licensing rules may apply.

Nottingham operates both Additional Licensing and Mandatory HMO Licensing.

Mandatory HMO licensing generally applies where a property is occupied by five or more people forming two or more separate households who share facilities such as a kitchen or bathroom.

Nottingham also operates an Additional Licensing scheme covering certain smaller HMOs.

HMO landlords can therefore face considerably more extensive compliance requirements, including additional fire safety measures, room size requirements, amenity standards and management responsibilities.

If you are unsure which licence applies to your property, it is important to check with Nottingham City Council before advertising the property.

Energy Performance Certificate (EPC)

A valid Energy Performance Certificate (EPC) is required for most properties being let in England.

The EPC provides an energy efficiency rating from A to G and gives recommendations for improving the property’s energy efficiency.

For most privately rented properties, the property must currently achieve an E rating or above, unless a valid exemption applies.

An EPC should be in place before the property is marketed for rent.

Landlords should also keep an eye on future energy efficiency legislation. Requirements are expected to become more demanding over time, so it can be sensible to consider the likely future energy performance of a property when buying or refurbishing a buy-to-let.

Gas Safety Certificate

If your rental property has gas appliances, you have important legal responsibilities around gas safety.

A Gas Safe registered engineer must carry out an annual gas safety check on the gas appliances and flues provided as part of the tenancy.

This can include:

• Gas boilers
• Gas fires
• Gas water heaters
• Gas cookers
• Other gas appliances supplied with the property

The landlord must provide the tenant with the relevant Gas Safety Record before they move in, or within the required timeframe following the annual check.

A new gas safety check is normally required every 12 months.

At Benwell Daykin, we can help landlords keep track of these important compliance requirements so that renewal dates do not get missed.

Electrical Safety – EICR

Landlords also have legal responsibilities relating to the electrical installation within their property.

An Electrical Installation Condition Report (EICR) must generally be carried out at least every five years by a suitably qualified and competent person.

The inspection assesses the fixed electrical installation, including items such as:

• Wiring
• Socket outlets
• Light fittings
• Consumer units
• Fixed electrical equipment

If the inspection identifies electrical work that needs to be carried out, the landlord must arrange the necessary remedial work within the required timeframe.

A copy of the relevant report must also be provided to the tenant as required by the regulations.

Smoke Alarms

Landlords must provide smoke alarms in rented properties.

There must generally be at least one smoke alarm on every storey used as living accommodation.

The alarms must be working at the start of a new tenancy, and landlords should make sure they remain in working order.

For this reason, checking smoke alarms should form part of your pre-tenancy inspection and ongoing property management process.

Do Landlords Need Carbon Monoxide Alarms?

Yes, in certain circumstances – and this applies to ordinary rented houses and flats as well as HMOs.

The requirement is not simply based on whether a property is an HMO.

Landlords must provide a carbon monoxide alarm in a room used wholly or partly as living accommodation where there is a relevant fixed combustion appliance, subject to the regulations’ specific exclusions.

This can include appliances such as:

• Gas boilers
• Oil boilers
• Wood-burning stoves
• Solid-fuel fires
• Other fixed combustion appliances

Gas cookers are specifically excluded from the requirement.

For example, a normal non-HMO house with a gas boiler can still require a carbon monoxide alarm.

Landlords are also responsible for ensuring that the required alarms are working at the start of a new tenancy and for taking action where they are informed that an alarm is faulty.

Fire Safety and Furnishings

If you are letting a furnished property, any furniture and furnishings supplied to the tenant need to comply with applicable fire safety requirements.

This can include:

• Sofas
• Chairs
• Beds
• Mattresses
• Cushions
• Other upholstered furniture

Particular care should be taken when purchasing second-hand furniture for a rental property, as you need to be satisfied that the items comply with the relevant requirements.

HMOs can have considerably more extensive fire safety requirements, including emergency lighting, fire alarm systems, fire doors and other measures depending on the property.

Tenancy Agreement and Written Information

The rules around tenancy agreements changed significantly on 1 May 2026 following the introduction of the Renters’ Rights Act.

Most new private rented tenancies are now assured periodic tenancies, rather than traditional fixed-term assured shorthold tenancies.

This means landlords should not simply continue using an old AST template without checking that it complies with the current legislation.

Landlords must provide tenants with the required written information about the tenancy, including important terms such as the rent and arrangements relating to the property.

There are also new rules covering matters including rent increases, pets, rental bidding and possession.

The End of Section 21

One of the biggest changes for landlords is the removal of the traditional Section 21 no-fault eviction process.

From 1 May 2026, landlords can no longer use Section 21 to repossess a property without relying on an applicable legal ground for possession.

This makes it even more important that landlords understand the current tenancy legislation and use the correct documentation and procedures.

If you are using an old tenancy agreement or letting process, it is worth reviewing it to make sure it reflects the rules that now apply.

How to Rent Information

Landlords also need to provide tenants with the appropriate government How to Rent information.

This is designed to explain the rights and responsibilities of landlords and tenants.

It is important to provide the correct and current version rather than relying on an old copy saved on your computer from a previous tenancy.

Right to Rent Checks

Before renting a property to a new tenant in England, landlords must check that the adult tenants have the right to rent.

Depending on the tenant’s circumstances, this may involve checking original documents or using the Home Office’s online checking service.

Landlords should keep appropriate evidence of the checks carried out.

Right to Rent checks should also be carried out consistently rather than making assumptions about an individual’s nationality or background.

Tenancy Deposit Protection

If you take a deposit from your tenant, it generally needs to be protected using a government-approved tenancy deposit protection scheme.

The landlord must also provide the tenant with the required prescribed information about how their deposit has been protected.

This should include information such as:

• The amount of the deposit
• Where the deposit is protected
• Details of the deposit scheme
• Information about dispute resolution
• Details of how deductions can be made

The relevant information generally needs to be provided within 30 days of receiving the deposit.

Getting deposit protection wrong can cause problems later, particularly if you need to recover possession of the property or make deductions from the deposit.

Landlord Insurance

Landlord insurance is not simply the same as ordinary home insurance.

If you are renting out a property, your insurer needs to know that it is being used as a rental property and your policy needs to provide appropriate cover.

Depending on the policy, landlord insurance can include cover for:

• Buildings
• Landlord contents
• Property owners’ liability
• Loss of rent
• Alternative accommodation
• Legal expenses

The exact cover will depend on the insurer and policy.

If the property has a mortgage, you should also check the lender’s requirements, as appropriate insurance may be a condition of the mortgage.

Check Your Mortgage Allows You to Let the Property

If you are turning your existing home into a rental property, do not assume that your current residential mortgage automatically allows you to let it.

You may need to obtain consent to let from your existing lender or refinance onto a buy-to-let mortgage.

This should be dealt with before the property is marketed.

Inventory and Schedule of Condition

An inventory is not usually a statutory certificate, but it is one of the most valuable documents a landlord can have.

A professional inventory should record the condition of the property and its fixtures, fittings and contents at the beginning of the tenancy.

This can include:

• Walls and ceilings
• Floors
• Doors and windows
• Kitchen and appliances
• Bathroom
• Furniture
• Fixtures and fittings
• Garden and external areas

Photographs should also be taken where appropriate.

If there is a dispute over damage at the end of a tenancy, a detailed inventory can provide important evidence of the property’s original condition.

Legionella Risk Assessment

Landlords also have responsibilities relating to the risk of exposure to Legionella bacteria.

For a typical domestic property, the risk may be relatively low, but landlords should still assess the risks associated with the property’s hot and cold water systems.

This is particularly relevant to larger properties and HMOs where the water system may be more complicated.

General Property Safety

Having an EPC, gas certificate and EICR does not automatically mean that a property is safe and legally suitable to rent.

Landlords have wider responsibilities to ensure that their properties are safe and free from hazards.

Local authorities can use the Housing Health and Safety Rating System (HHSRS) to assess potential hazards within privately rented properties.

This can include issues such as:

• Damp and mould
• Fire risks
• Falls and unsafe stairs
• Excessive cold
• Electrical hazards
• Carbon monoxide
• Structural problems
• Unsafe windows and doors

Landlord compliance is therefore about more than simply collecting a folder of certificates.

Ongoing Repairs and Maintenance

Landlord responsibilities continue after the tenant moves in.

Landlords need to maintain the property and deal with repairs appropriately throughout the tenancy.

This can include maintaining:

• The structure and exterior of the property
• Heating and hot water
• Plumbing
• Sanitary installations
• Electrical systems
• Gas installations
• Other equipment supplied with the property

It is therefore important to have a system for managing repairs, inspections and recurring compliance dates.

What Documents Should a Nottingham Landlord Have?

For a typical Nottingham rental property, your landlord compliance file should contain the relevant documents for the property and tenancy.

Nottingham Landlord Compliance Checklist

Before your tenant moves in, make sure you have considered:

Property licensing

• Check whether the property is within a Nottingham Selective Licensing area
• Establish whether the property is an HMO
• Check whether Additional or Mandatory HMO Licensing applies
• Apply for the appropriate licence where required

Safety

• Valid EPC
• Required minimum EPC rating or a valid exemption
• Gas Safety Certificate where applicable
• Valid EICR
• Smoke alarms
• Carbon monoxide alarms where required
• Appropriate fire safety measures
• Safe furniture and furnishings where the property is furnished
• Property checked for obvious hazards

Tenant paperwork

• Correct tenancy agreement or written tenancy information
• Current How to Rent information
• Right to Rent checks
• Deposit protection where applicable
• Prescribed deposit information
• Inventory and schedule of condition

Financial and insurance

• Appropriate landlord insurance
• Mortgage lender consent where necessary
• Clear arrangements for council tax and utilities
• Rental income and expenses recorded for tax purposes

Ongoing compliance

• Annual gas safety renewal
• EICR renewal date
• Property licence renewal date
• Insurance renewal date
• Smoke and carbon monoxide alarm checks
• Property inspections
• Repairs dealt with promptly

What Happens If a Landlord Doesn’t Comply?

Nottingham City Council has powers to investigate private rented properties and take enforcement action where landlords fail to comply with housing legislation.

Depending on the breach, landlords can face:

• Financial penalties
• Prosecution
• Licensing enforcement
• Rent Repayment Orders
• Restrictions on letting
• Possession difficulties
• Potential banning orders in serious cases

Nottingham City Council currently states that renting out an unlicensed property where a licence is required can result in a civil penalty of up to £30,000, prosecution and potential Rent Repayment Orders.

This makes checking the licensing position one of the most important steps for any Nottingham landlord.

Let Benwell Daykin Take Care of Your Nottingham Letting

Keeping track of landlord legislation, certificates, inspections and tenancy paperwork can be a lot to manage – particularly if you have a full-time job or own more than one rental property.

You don’t have to manage it all yourself.

At Benwell Daykin, we can help landlords throughout Nottingham with the practical side of letting their property, from getting the property ready for tenants through to finding and managing the tenancy.

Our experienced team can help you understand what is required, arrange the appropriate checks and paperwork, market your property, find suitable tenants and manage the ongoing tenancy.

Whether you are letting your first property or already have a portfolio of Nottingham buy-to-lets, having an experienced local letting agent on your side can make landlord compliance considerably easier.

Frequently Asked Questions

Do all rental properties in Nottingham need a licence?

No. However, Nottingham has extensive licensing schemes and many privately rented properties require a licence. Selective Licensing applies to designated areas and can cover ordinary houses and flats rented to a single household. HMOs may require Additional or Mandatory Licensing.

Do I need a carbon monoxide alarm if my property isn’t an HMO?

Potentially, yes. The requirement is not limited to HMOs. A carbon monoxide alarm is required where the regulations apply, including relevant rooms containing fixed combustion appliances. Gas cookers are specifically excluded from the requirement.

How often does a landlord need a gas safety certificate?

A gas safety check must generally be carried out every 12 months by a Gas Safe registered engineer where gas appliances and flues are provided as part of the tenancy.

How often is an EICR required?

For most private rented properties, the electrical installation must be inspected and tested at least every five years, unless an earlier inspection is required.

Do I need an EPC to rent out my property?

Most rental properties require a valid EPC and generally need to meet the applicable minimum energy efficiency standard unless a valid exemption applies.

Do I need landlord insurance?

There is not a universal legal requirement for every landlord to hold a specific landlord insurance policy, but appropriate insurance is strongly recommended and your mortgage lender may require it. You should always tell your insurer that the property is being rented out.

Has the law changed for landlords in 2026?

Yes. Major changes came into force on 1 May 2026 under the Renters’ Rights Act. These include the end of Section 21 no-fault evictions and the move to assured periodic tenancies for most private rented properties.

Can Benwell Daykin manage my rental property for me?

Yes. Benwell Daykin can help landlords with the process of preparing, marketing and letting their property, as well as providing ongoing property management services where required.

Important: This article provides general information for landlords in Nottingham and is not legal advice. Property licensing requirements and landlord legislation can change. Always check the latest requirements with Nottingham City Council and GOV.UK, or seek professional legal advice where appropriate.