Essential Legal Documents for Your Buy-to-Let Business

Before letting out a single property, your buy-to-let business needs a proper set of legally compliant documents in place, and this area has changed significantly since the Renters' Rights Act took effect. Getting this wrong isn't just a paperwork issue, an outdated or non-compliant document can leave you unable to recover your property or exposed to a financial penalty.

Key Takeaways

• Since 1 May 2026, Section 21 "no-fault" evictions have been abolished in England. Landlords must now rely on Section 8 grounds for any possession claim.
• New tenancies are now periodic assured tenancies rather than fixed-term Assured Shorthold Tenancies, reflecting the wider changes brought in by the Renters' Rights Act.
• All tenants must be given the government's Renters' Rights Act Information Sheet, alongside existing requirements like the How to Rent guide, EPC, and gas safety certificate.
• A guarantor agreement, common for student lets or tenants without a fixed income, must be executed as a deed to be valid.
• Given how much this area has changed recently, it's worth having your tenancy documents reviewed by a solicitor or a specialist provider rather than relying on old or generic templates.

The Tenancy Agreement Itself

A robust, compliant tenancy agreement remains the single most important document in your buy-to-let business, setting out the rights and obligations between you and your tenant. It should include:

• The landlord and tenant's personal details
• The start date of the tenancy
• The rent amount
• The nature of the let (sole occupancy, house in multiple occupation, bedsit), noting that a House in Multiple Occupation licence applies once a property is let to five or more people from separate households
• Deposit protection details, since registering a tenant's deposit with an approved scheme is a legal requirement
• Details relating to the property and any common parts
• Termination and notice requirements in line with current legislation
• Governing law

Since 1 May 2026, new tenancies in England are periodic assured tenancies rather than fixed-term Assured Shorthold Tenancies, part of the wider reform brought in by the Renters' Rights Act. If you're still using an old AST template, it's genuinely worth checking it reflects this change rather than assuming it's still fit for purpose. Landlords have also long faced restrictions on the fees they can charge tenants, so avoid outdated or free templates that might still include now-illegal clauses, cleaning fees being a common example.

Guarantor Agreements

A guarantor agreement is common for student lets or tenants without a fixed income or salary, with the guarantor promising to cover rent if the tenant defaults. Unlike a standard tenancy agreement, a guarantor agreement must be executed as a deed, meaning it needs to be properly witnessed and explicitly state its nature as a deed to be valid.

Tenancy-Related Correspondence

Clear, properly worded letters matter for two common situations: increasing rent for a long-standing tenant, and recovering missed payments if a tenant falls into arrears. Having a template ready for both means you're not drafting something from scratch, and potentially getting the wording wrong, at the exact moment you need it most.

Notices: What's Actually Changed

This is the area that's shifted the most. Since 1 May 2026, Section 21 "no-fault" eviction notices no longer exist in England. Landlords can no longer end a tenancy simply because a fixed term has come to an end; every possession claim now needs to rely on a specific ground under Section 8 of the Housing Act 1988, as reformed by the Renters' Rights Act.

The available Section 8 grounds have themselves been revised and expanded, now covering situations like the landlord wanting to sell the property or move back in, alongside the more familiar grounds like rent arrears or antisocial behaviour. If you served a Section 21 notice before 1 May 2026, transitional rules may still allow that specific notice to proceed through the courts, but no new Section 21 notices can be issued at all.

Given how significant and recent this change is, this is genuinely an area where it's worth getting current, specific legal advice rather than relying on older guidance, including older versions of this article.

Required Information and Certificates

Beyond the tenancy agreement itself, landlords are required to provide certain documents when a tenancy begins:

• The government's How to Rent guide
• The Renters' Rights Act Information Sheet, a new requirement introduced alongside the wider reforms, which existing tenants also needed to receive by 31 May 2026
• An Energy Performance Certificate (EPC)
• A gas safety certificate, if the property has gas appliances
• An Electrical Installation Condition Report (EICR)

Since providing these is a legal requirement, it's sensible to get tenants to sign for each one, so you can demonstrate they were properly received if a dispute arises later.

Getting This Right Going Forward

Given how much has changed in this area recently, and how much more is expected to change as the Renters' Rights Act continues rolling out in phases, it's worth treating your tenancy documentation as something to review regularly rather than a set-and-forget task. A solicitor or a specialist tenancy document provider can help make sure what you're using actually reflects the current law, rather than a template that was accurate a year or two ago.

If you're still weighing up whether a buy-to-let business is the right move in the first place, our guide to starting a property rental business covers the financial and structural side properly, including when a limited company starts to make more sense than holding properties personally. And if you haven't set up your company yet, our range of formation packages can get that sorted before you turn your attention to tenancy paperwork.

FAQs

Can I still evict a tenant using a Section 21 notice?

No. Section 21 "no-fault" evictions were abolished in England from 1 May 2026. Any possession claim now needs to rely on a specific ground under Section 8 of the Housing Act 1988.

What's replaced the Assured Shorthold Tenancy for new lets?

New tenancies are now periodic assured tenancies, rather than fixed-term ASTs, as part of the Renters' Rights Act reforms.

Do I need a guarantor agreement for every tenant?

No, it depends on the letting. They're most common for student lets or tenants without a fixed income, and must be executed as a deed to be legally valid.

What documents am I legally required to give a new tenant?

The How to Rent guide, the Renters' Rights Act Information Sheet, an EPC, a gas safety certificate if applicable, and an EICR, among other tenancy-specific documents.

Do I need to update my existing tenancy agreements?

It's worth reviewing them given how much this area of law has changed recently. An outdated agreement or notice process could leave you unable to recover your property when you need to.

This article is for general information only and does not constitute legal advice. Landlord and tenant law has changed significantly and continues to evolve, so it's worth speaking to a solicitor or specialist adviser about your specific situation before relying on any tenancy documentation.