Landlords, letting agents and property management companies

A property that requires an Energy Performance Certificate (EPC) must meet the minimum energy efficiency standard before it can be let, unless a valid exemption has been registered. The regulations apply to both domestic and non-domestic premises, although Trading Standards only enforce the requirements for non-domestic premises such as shops, offices and other commercial properties.

Non-domestic premises

Since 1 April 2018, landlords have only been permitted to grant a new tenancy, or renew or extend an existing tenancy, where the property has an EPC rating of E or above, unless a valid exemption applies. Since 1 April 2023, this requirement has applied to all privately rented non-domestic properties, including existing tenancies.

There are a number of exemptions available. In most cases, landlords must register the exemption on the government's PRS (Private Rented Sector) Exemptions Register before relying on it.

The Government has published detailed guidance explaining the requirements, available exemptions and how to register them: https://www.gov.uk/guidance/non-domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance

Future changes

In June 2026, the Government announced its intention to strengthen the non-domestic MEES regime. Subject to further legislation, from 2031 privately rented non-domestic buildings over 1,000 square metres will be required to achieve an EPC rating of B, where this is cost-effective. Buildings below 1,000 square metres will continue to be subject to the current minimum standard of EPC E. The previously proposed interim requirement for EPC C has been withdrawn. Existing exemption and cost-effectiveness provisions are expected to remain in place.

Landlords of properties with EPC ratings of F or G should seek advice on suitable energy efficiency improvements. Where works may affect a listed building or property within a conservation area, the relevant planning authority should be consulted before undertaking any alterations.

Domestic premises

Guidance for landlords of domestic rented properties is available on GOV.UK, including information on current minimum standards, exemptions and future regulatory proposals. Landlords should review the latest guidance to ensure they remain compliant with any changes to the regulations

Redress Scheme Guidance

Property agents are required to belong to an approved redress scheme for dealing with complaints in connection with that work.

Redress scheme membership is required for letting agents that grant assured tenancies, and for property managers that manage assured tenancies, regulated tenancies and long residential leases.

The following organisations have been approved to run redress schemes:

Such property agents must display or publish, together with the required list of fees, a statement indicating that the agent is a member of a redress scheme; the statement must also provide the name of the scheme. This is required at the agent’s premises, on the agent's own website and on third-party websites used to advertise property to let. A link from a third-party website to the agent's own website is also permitted.

Failure to be a member of a redress scheme could result in a penalty of up to £5,000.

Guidance on redress scheme membership is available on the GOV.UK website.

Client Money Protection scheme

Property agents (those who engage in letting agency or property management work in England) are required to belong to an approved client money protection scheme if they hold client money.

'Client money' is money received by a property agent in the course of letting agency work or property management work and held on behalf of another person. This includes payments of rent, as well as deposit money before it is protected in an approved deposit protection scheme.

These schemes make sure landlords and tenants are compensated if property agents cannot repay their money, for example if they go into administration. This is different to tenancy deposit protection.

Property agents must display or publish, together with the required list of fees, a statement indicating that the agent is a member of a client money protection scheme; the statement must also provide the name of the scheme. This is required at the property agents premises, on the agent's own website and on third-party websites used to advertise property to let. A link from a third-party website to the agent's own website is also permitted.

If the client money protection scheme to which a property agent belongs issues a certificate confirming membership of the scheme, the property agent must:

display the certificate at each of the agent's premises in England at which the agent deals face-to-face with clients, in a place where it is likely to be seen by the clients
publish a copy of the certificate on the agent's website (if they have one)
produce a copy of the certificate to any person who may reasonably require it, free of charge

Property agents must notify clients in writing within 14 days if their membership of a client money protection scheme is revoked or provide clients with details if they change membership to a different scheme.

The following organisations have been approved to run client money protection scheme

Failure to join a scheme can lead to a fine of up to £30,000.

Displaying your fees

Prohibited and permitted fees

Potential tenants should have all the information they need from the start so that they are able to make informed decisions. This helps avoid entering into contracts they cannot afford.

Under the Tenant Fees Act 2019 a landlord or agent can only charge permitted fees, therefore any payment which is not permitted is a prohibited payment.
The only payments you can charge in connection with a tenancy are:

the rent
a refundable tenancy deposit capped at no more than five weeks’ rent. The annual rent is less than £50,000. Or six weeks’ rent where the total annual rent is £50,000 or above
a refundable holding deposit (to reserve a property) capped at no more than one week’s rent
payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
payments associated with early termination of the tenancy, when requested by the tenant
payments in respect of utilities, communication services, TV licence and council tax
a default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement. If the fee you are charging is not on this list, it is a prohibited payment, and you should not charge it. A prohibited payment is a payment outlawed under the ban.

A landlord or agent found to have breached the requirements could be issued with a financial penalty of up to £5,000, however if a second or subsequent breach has been committed within 5 years of a previous penalty, a landlord or agent could be prosecuted or receive a penalty of up to £30,000.

Display of fees

Under the Consumer Rights Act 2015, letting agents are required to publish their relevant fees, charges and penalties payable to the letting agent by a landlord or a tenant:

in respect of letting agency work or property management carried on by the agent, or
otherwise in connection with an assured tenancy of a dwelling
The following fees do not have to be published:
tenancy deposits
any fees, charges or penalties that the letting agent receives from a landlord under a tenancy on behalf of another person
any other fees, charges or penalties specified in regulations

Display requirement

Letting agents must display, in a conspicuous place, a list of relevant fees:

in each of their premises where they deal with clients or potential clients face-to-face
on their website (if they have one)

Where a letting agent advertises property to let on a third-party website, that agent must either:

display a list of their relevant fees on that website, or
provide a link on that website to a part of the agent's website where a list of those fees is published.

Fees content

The list of fees must include:

an adequate description of each fee and its purpose
whether the fee relates to the property as a whole or is payable by each tenant
the total amount of the fee inclusive of all taxes
the method of calculating the fee, if the fee cannot be determined in advance

Failure to comply with the display requirements can result in a penalty of up to £5,000. Further, if you give misleading information about fees or omit to tell a client everything, you may be in breach of the Digital Markets, Competition and Consumers Act 2024, for which you could be prosecuted.

For more information visit displaying your fees on the Business Companion website.

Tenancy & holding deposits

Tenancy deposit

A tenancy deposit is a sum of money that a landlord or letting agent can request at the beginning of a tenancy as security against non-payment of rent, damage to property, or similar.

An agent can require a tenancy deposit of:

up to 5 weeks’ rent for properties where the annual rent is below £50,000.
up to 6 weeks’ rent for properties with an annual rent of between £50,000 and £100,000.

A tenancy deposit must be protected in a government approved scheme.

Holding deposit

Potential tenants can be asked to pay a deposit to hold the property whilst reference and pre-tenancy checks are undertaken. The maximum holding deposit that can be requested is equivalent to 1 week’s rent.

The maximum deposit amount is per tenancy not per tenant, for example, if several potential tenants want to share a flat on the same tenancy agreement, they would pay a total of 1 week’s rent between them.

Refunding the holding deposit

A holding deposit must be refunded unless the tenant/s:

fails a Right to Rent check
withdraws from the application process
does not respond or contact you to progress the tenancy
gives false or misleading information that affects their suitability as a tenant

If the tenant signs the tenancy agreement, the holding deposit must be refunded. If you do not return it, you may receive a financial penalty.

Display of ownership details

The Companies Act 2006 and the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 requires UK businesses and traders to display and disclose their correct legal names and contact details.

Full guidance on the requirements can be found at: https://www.businesscompanion.info/en/quick-guides/miscellaneous/company-and-business-names

How can I get further advice?

If you require further information, clarification or advice on any of the above, contact the Trading Standards Service by phone on 020 7361 3002 or email: [email protected]

In offering the above advice this Authority wishes to make it clear that only the Courts can interpret the Law.

Last updated: 28 August 2026

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