Landlord obligations when you inherit a property
Published · Updated
Your landlord obligations when you inherit a property start the day the tenancy becomes yours, and in practice the executor carries them from the date of death: keep the property safe and free from health hazards, have gas and electrical equipment safely installed and maintained, provide an Energy Performance Certificate, protect the tenant's deposit and check the tenant's right to rent [1]. None of these pause because of a bereavement or probate.
Check five documents on day one: gas safety record (renewed every 12 months), electrical installation condition report (every 5 years), EPC (valid 10 years, at least band E to let), deposit protection certificate and any property licence [2][3][4][5][6]. Fit and test smoke and carbon monoxide alarms [1]. Keep up repairs to the structure, heating, hot water and sanitary fittings [7]. Since 1 May 2026, tenancies in England follow the Renters' Rights Act, and the Private Rented Sector Database is rolling out from late 2026 [8][9]. An HMO licence ends on the holder's death, with a short temporary exemption [6].
General information for England. Wales, Scotland and Northern Ireland have different rules.
The obligations, with deadlines
| Obligation | Rule | Penalty or risk | Source |
|---|---|---|---|
| Gas safety | Each appliance and flue checked at intervals of no more than 12 months ; record to existing tenant within 28 days and to new tenant before they move in | Enforcement action | [2] |
| Electrical safety | Installation inspected and tested at least every 5 years; report to tenant within 28 days, to council within 7 days of request | Fines up to £40,000 for breaches | [3] |
| EPC | Required to let; valid 10 years; minimum band E unless exempt | Up to £5,000 per property under the minimum standard rules | [4][10] |
| Deposit | Protected within 30 days with prescribed information | Up to 3 times the deposit | [5][11] |
| Smoke and CO alarms | Fit and test | Council enforcement | [1] |
| Right to rent | Check new tenants in England | Required by law | [1] |
| HMO licence | Large HMOs licensed; licence ends on holder's death | Council enforcement | [6][12] |
| Repairs | Structure, sanitary fittings, heating and hot water | Council action under HHSRS | [7] |
Landlord obligations when you inherit a property: the order to tackle them
1. Gas
Find the latest gas safety record. If it's more than 12 months since the last check, book one now. The rule is per appliance and flue, "at intervals of not more than 12 months since it was last checked" [2]. Records must be kept until there have been two further checks [2]. Copy the new record to the tenant within 28 days [2].
2. Electrics
Find the EICR. Landlords must have the installation inspected and tested by a qualified person at least every 5 years, give the tenant a copy within 28 days, and keep a copy until the next inspection [3]. If the report requires remedial work, it must be done, and the council can arrange it and recover the cost if not [3]. See our EICR cost guide.
3. Energy Performance Certificate
You must have an EPC to rent out a property, valid for 10 years [4]. Since 1 April 2020, landlords can't let or continue to let a property covered by the minimum standard with an EPC below E, unless a valid exemption is registered [10]. If an old house has an F or G, you'll need works or an exemption before letting again. See EPC ratings for rental properties.
4. Deposit
Find the scheme certificate and contact the scheme about the death. If the deposit was never protected, protect it now [5]. See deposit protection when a landlord dies.
5. Alarms
Check there are working smoke alarms and carbon monoxide alarms where required [1]. Test them and note the date.
6. Licensing
Large HMOs (five or more people from more than one household sharing facilities) need a licence, which lasts up to 5 years [12]. Some councils license smaller HMOs or all private lets. A licence can't be transferred and ends when the holder dies, but the house is treated as having a 3-month temporary exemption, which the council can extend by 3 months on the personal representatives' request [6]. See inherited HMO licence.
7. Repairs and hazards
Walk round the property, with the tenant's agreement and at least 24 hours' notice [7]. Look for damp and mould, heating faults, and anything unsafe. The council uses the Housing Health and Safety Rating System, scoring 29 hazard areas [1].
8. Tell the tenant who you are
The new landlord must notify the tenant of their name and address within two months or by the next rent day, whichever is later [13], and give an address for notices [14].
What changed on 1 May 2026
If the person who died last let the property years ago, the rules have moved on:
- Section 21 can no longer be used; possession needs a section 8 notice and a ground [15].
- All private assured tenancies are periodic [8].
- Rent increases are once a year with a section 13 notice, giving at least 2 months' notice [8].
- Landlords of existing tenancies had to give tenants the government's Information Sheet by 31 May 2026 [16]. If that wasn't done, ask a solicitor what to do now; see our information sheet guide.
- Landlords can't get possession on most grounds if the deposit isn't properly protected or the property isn't on the database once that applies [8].
The roadmap says signing up to the Private Rented Sector Database will be mandatory for all private landlords, with rollout from late 2026 [9]. The Landlord Ombudsman follows; mandatory sign-up is shown for 2028 [9].
A worked compliance audit
Lucy inherits two flats in October 2026. Here's what she finds:
| Item | Flat A | Flat B | Action |
|---|---|---|---|
| Gas safety record | Checked March 2026 | Checked August 2025 | Flat B overdue: book now [2] |
| EICR | 2023 | None found | Flat B: book inspection [3] |
| EPC | D, 2019 | F, 2015 | Flat B below E: works or exemption [10] |
| Deposit | Protected | Cash, unprotected | Protect Flat B deposit now [5] |
| Alarms | Smoke only | None | Fit CO and smoke where required [1] |
She logs each date in Gaffy, which reminds her before every renewal. Flat B is a typical "old family let" with gaps; fixing them before anything else protects her from penalties and keeps her possession options open.
How Gaffy helps
Gaffy is built for landlords with 1 to 5 properties. It tracks gas, EICR, EPC and deposit dates and reminds you before they're due, keeps every certificate in a document vault, and gives tenants a repair-request link. £12 a month for up to 5 properties, plus £4 a month per extra property, first month free, and we'll set your properties up for you.
Documents to ask the executor for at handover
When the property is transferred to you, ask the executor for a handover pack. It saves weeks of chasing:
| Document | Why you need it |
|---|---|
| Tenancy agreement and any written terms | Shows the tenancy type and start date |
| Rent statements since the death | Proves what's paid and what's owed |
| Gas safety records (last two) | Records must be kept until two further checks [2] |
| EICR | Valid for up to 5 years [3] |
| EPC | Valid for 10 years [4] |
| Deposit certificate and prescribed information | Proves protection [5] |
| Licence, if any | Licences end on the holder's death [6] |
| Information Sheet delivery proof | Shows it was given by 31 May 2026 [16] |
| Repair history and contractor contacts | Context for future issues |
| Keys, alarm codes, meter readings | Practical handover |
Upload the whole pack to Gaffy on day one, add the expiry dates, and Gaffy reminds you before each renewal.
If you find a gap
Missing certificates are common in older family lets. Fix them in this order: gas first (a safety risk and a 12-month rule [2]), then the deposit (it can block possession [8]), then the EICR [3], then the EPC [10]. Record the date you fixed each one.
People also ask
What are my obligations if I inherit a rental property?
The same as any landlord: gas, electrical, EPC, deposit, alarms, right to rent, licensing and repairs [1].
Does the gas safety certificate transfer when I inherit?
The existing record stays valid until the next check is due, within 12 months of the last [2].
Do I need a new EICR when I inherit a property?
Not if the current one is less than 5 years old and satisfactory [3].
Can I let an inherited property with an F or G EPC?
Not unless you have a valid exemption; the minimum is E [10].
Do I need to register as a landlord?
In England, the Private Rented Sector Database is rolling out from late 2026, and registration will be mandatory [9].
FAQ
Is the executor liable for compliance before probate?
The executor is responsible for the estate's property from the date of death [17].
Do I need landlord insurance?
It isn't a legal duty, but lenders usually require it. See landlord insurance.
Is there a single list of all duties?
See our landlord responsibilities guide.
Try Gaffy free for a month · Inherited property hub · Accidental landlord checklist · Gas safety certificate cost
Sources
- GOV.UK, Renting out your property: landlord responsibilities: https://www.gov.uk/renting-out-a-property/landlord-responsibilities
- Gas Safety (Installation and Use) Regulations 1998, regulation 36: https://www.legislation.gov.uk/uksi/1998/2451/regulation/36
- GOV.UK, Electrical safety standards in the private and social rented sectors: guidance: https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance
- GOV.UK, Energy Performance Certificates: https://www.gov.uk/buy-sell-your-home/energy-performance-certificates
- GOV.UK, Deposit protection schemes and landlords: https://www.gov.uk/deposit-protection-schemes-and-landlords
- Housing Act 2004, section 68: https://www.legislation.gov.uk/ukpga/2004/34/section/68
- GOV.UK, Renting out your property: making repairs: https://www.gov.uk/renting-out-a-property/making-repairs
- GOV.UK, Guide to the Renters' Rights Act: https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act
- GOV.UK, Implementing the Renters' Rights Act 2025: our roadmap: https://www.gov.uk/government/publications/renters-rights-act-2025-implementation-roadmap/implementing-the-renters-rights-act-2025-our-roadmap-for-reforming-the-private-rented-sector
- GOV.UK, Domestic private rented property: minimum energy efficiency standard: https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance
- GOV.UK, Tenancy deposit protection: https://www.gov.uk/tenancy-deposit-protection
- GOV.UK, House in multiple occupation licence: https://www.gov.uk/house-in-multiple-occupation-licence
- Landlord and Tenant Act 1985, section 3: https://www.legislation.gov.uk/ukpga/1985/70/section/3
- Landlord and Tenant Act 1987, section 48: https://www.legislation.gov.uk/ukpga/1987/31/section/48
- GOV.UK, Repossessing your privately rented property after 1 May 2026: https://www.gov.uk/guidance/repossessing-your-privately-rented-property-after-1-may-2026
- GOV.UK, The Renters' Rights Act Information Sheet 2026: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
- GOV.UK, Dealing with the estate of someone who's died: https://www.gov.uk/probate-estate