Whether you are a landlord or a tenant, the documents you bring to a first discussion largely decide how quickly and accurately you can be advised. Before seeking advice, gather the tenancy agreement or lease, a complete rent record, copies of any notices, the deposit protection details and the correspondence between you.
Those documents tell an adviser what kind of tenancy it is, which rules apply and what steps have already been taken. That matters more than usual at the moment, because the law on private residential tenancies in England changed on 1 May 2026.
The rules discussed here are the law of England, and of Wales where stated. Hertfordshire does not have its own tenancy rules; what applies to a property in St Albans, Watford or Hemel Hempstead is the same as anywhere else in England.
Why the type of tenancy matters
Private residential tenancies in England
The main tenancy reforms in the Renters' Rights Act 2025 came into force for the private rented sector in England on 1 May 2026. According to the government's implementation roadmap:
- landlords can no longer use section 21 "no fault" possession;
- new and existing private tenancies are now assured periodic tenancies, with no fixed term;
- a landlord seeking possession normally needs to serve a section 8 notice and rely on a statutory ground;
- tenants can end the tenancy by giving two months' notice; and
- rent can be increased only once a year using the statutory procedure.
Section 21 notices served before 1 May 2026 could be relied on only for a limited transitional period under Schedule 6 to the Act, which ended no later than three months after commencement unless a claim had already been requested. If you are relying on, or have received, an older notice, that is one of the first things to check.
Residential tenancies in Wales
Wales has its own system under the Renting Homes (Wales) Act 2016, in force since 1 December 2022. Tenants are "contract-holders" and tenancies are "occupation contracts", with different notice rules. If the property is in Wales, say so at the outset.
Commercial leases
Business tenancies follow different rules. Many have security of tenure under Part II of the Landlord and Tenant Act 1954 unless they were validly contracted out, which requires a specific notice and declaration procedure before the lease is granted. The lease and any contracting-out documents are essential.
Social housing
Tenancies from social landlords are subject to different rules and timetables and are outside the scope of this checklist.
The checklist
1. The tenancy agreement or lease
- The signed tenancy agreement or lease, including any renewals, variations or side letters.
- If there is no written agreement, a note of what was agreed, when and by whom.
- For tenancies in England that existed before 1 May 2026, any government information sheet or written summary of terms the landlord provided.
- For commercial leases, any contracting-out notice and declaration.
2. The parties and the property
- The full names of all landlords and tenants, and any guarantors.
- Details of any letting or managing agent.
- The property address, and whether it is a house in multiple occupation or subject to a local licensing scheme.
3. Rent records
- A complete rent account showing amounts due, payments received and dates.
- Bank statements or receipts supporting the account.
- Any rent increase notices and the dates they took effect.
- Any agreements about reduced rent or payment plans.
For arrears disputes, an accurate, up-to-date rent account is the single most useful document.
4. Notices
- Copies of any notices served by either side, including possession notices, rent increase notices and notices to end the tenancy.
- Evidence of how and when each notice was served: a certificate of service, a postal receipt or an email.
Notices are a frequent source of problems. The correct form, ground and notice period depend on the tenancy type, and a defective notice can mean starting again.
5. The deposit
- The amount of the deposit and the date it was paid.
- The name of the protection scheme and the protection certificate.
- Any prescribed information the landlord provided about the scheme, and the date it was given.
- Check-in and check-out inventories, with photographs or video.
- Any correspondence about deductions.
In England and Wales, a landlord must protect a deposit in a government-approved scheme within 30 days of receiving it. If the deposit was not protected, or the required information was not given, a tenant can apply to the County Court, which can order repayment and an additional sum of between one and three times the deposit.
6. Condition and repairs
- Dated photographs or video of the problem.
- Copies of repair requests and the replies.
- Any reports from contractors, surveyors or the local authority.
- Records of access requested and given for inspections or works.
7. Safety and compliance documents
For residential lettings, landlords should gather and tenants may ask for:
- the gas safety record;
- the electrical safety report;
- the energy performance certificate; and
- any licence for the property.
8. Correspondence
- Emails, letters and text messages between landlord, tenant and any agent, in date order.
- Notes of phone calls or conversations, with dates.
9. A short timeline
A one-page timeline in your own words is often more useful than a large bundle of unsorted documents. Include when the tenancy started, when problems began, what each side has done and what you want to achieve.
What not to do while you gather documents
- Landlords: do not change the locks, remove belongings or cut off services to pressure a tenant. Unlawful eviction and harassment can be criminal offences.
- Tenants: do not simply stop paying rent because of a repair problem without advice. Arrears can create a ground for possession.
- Both: do not delete messages, even unhelpful ones, and keep a copy of anything you send.
Scope of this article
This is general information about the law in England, and in Wales where stated, as at 26 October 2026. It is not legal advice on your situation. Housing law in England is being reformed in phases, with further measures such as a private rented sector database and a landlord ombudsman being introduced separately, so check the current position before acting.
Next step
If you are a landlord or tenant in a dispute, see my landlord and tenant service or send a short summary, the property address and the other party's name by email to info@sadikbugra.com. I act for landlords and for tenants, but never for both sides in the same dispute. I will carry out a conflict check before discussing your matter, and sending an enquiry does not mean I am acting for you or monitoring any notice period or deadline.
Sources
- Implementing the Renters' Rights Act 2025: roadmap, GOV.UK
- Renters' Rights Act 2025, Schedule 6 (transitional provision)
- Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026
- Tenancy deposit protection, GOV.UK
- Housing Act 2004, section 214
- Landlord and Tenant Act 1954, section 38A
- Renting homes: frequently asked questions (landlords), Welsh Government
- Protection from Eviction Act 1977, section 1