Private landlords

A private landlord is an individual or company that owns residential property and lets it to tenants under a tenancy agreement, outside the social housing sector. The term is defined by exclusion: a private landlord is one that does not fall within section 80(1) of the Housing Act 1985, which sets out the "landlord condition" for secure tenancies, in other words, a private landlord is any landlord that is not a local authority, not a registered housing association, and not another public body. This is also the definition used in housing legislation including the Housing Act 1988, which provides the statutory framework governing most private residential tenancies in England. A private landlord operates in the Private Rented Sector (PRS), which in England comprises approximately 4.7 million households and around 2.3 million landlords, making it the second-largest housing tenure after owner-occupation.

Who counts as a private landlord

Private landlords range from individuals renting out a single spare bedroom to institutional investors managing thousands of purpose-built rental units. For most practical and legislative purposes, "private landlord" refers to the individual or company named as landlord on a residential tenancy agreement for a property they own. A limited company that owns rental property is a private landlord in exactly the same regulatory sense as an individual, the company, not its director, holds the landlord obligations.

The category includes:

Individual landlords - the majority of the sector by headcount. The English Private Landlord Survey 2024 found that 45% of all landlords owned a single rental property, and 94% of landlords owned fewer than five. Most individual landlords are not full-time property professionals: property is typically a secondary source of income, a retirement asset, or an inherited property rather than a principal occupation.

Portfolio landlords - landlords who own five or more properties. Although they represent a minority of the total landlord count (around 17% according to the 2024 survey), portfolio landlords account for a disproportionate share of tenancies (approximately 49%) and are more likely to use professional management structures.

Corporate or company landlords - limited companies that own and let residential property, sometimes for tax efficiency reasons. Corporate landlords are subject to Corporation Tax rather than Income Tax on rental profits and are outside the Section 24 mortgage interest restriction that applies to individual landlords, but face the same regulatory obligations on property conditions, deposits, and tenant rights.

Accidental landlords - individuals who become private landlords unintentionally, typically by inheriting a property, being unable to sell, moving in with a partner, or relocating for work. Accidental landlords may be unaware of their obligations and face the same compliance requirements as deliberate investors.

A live-in landlord, one who occupies the same property as their lodger, sits partially outside the standard private rented sector framework. See live-in landlord for how the rules differ.

Private landlord versus social landlord

The fundamental distinction between a private landlord and a social landlord is not ownership structure, it is regulatory classification. A social landlord is a council or registered provider of social housing (housing association), regulated by the Regulator of Social Housing, letting properties at regulated rents to qualifying households under the social housing tenure framework. A private landlord lets at market rents to any qualifying tenant and is regulated under the Housing Act 1988 (as amended), the Tenant Fees Act 2019, and the Renters' Rights Act 2025.

Some housing associations also operate in the private rented sector, letting properties at market rent alongside their social housing portfolios. Those market-rent lettings make the housing association a private landlord for those specific properties, subject to the full private rented sector regulatory framework.

Legal obligations that apply to private landlords

Every private landlord letting under a residential tenancy in England carries a set of statutory obligations regardless of whether they use a letting agent. These include protecting any tenancy deposit in a government-approved scheme within 30 days and serving prescribed information on the tenant; providing a written statement of tenancy terms before the tenancy begins (mandatory from 1 May 2026 for all new assured periodic tenancies); conducting Right to Rent checks on all adult occupiers; providing a valid Gas Safety Record annually; carrying out an Electrical Installation Condition Report at least every five years; providing a current Energy Performance Certificate; supplying working smoke alarms and carbon monoxide alarms; providing the current How to Rent guide in England; and complying with the Tenant Fees Act 2019 on permitted and prohibited charges.

From working with self-managing landlords across the UK, the legal framework is more extensive than most new landlords expect, and the penalties for non-compliance are material: a missing EICR can result in a civil penalty of up to £30,000, and an unprotected deposit prevents a court from making a possession order in most circumstances.

Private landlords after the Renters' Rights Act 2025

The Renters' Rights Act 2025, in force from 1 May 2026, introduced the most significant changes to private landlord obligations since the Housing Act 1988. The key changes for private landlords are: the abolition of assured shorthold tenancies and Section 21 no-fault possession; the introduction of assured periodic tenancies as the universal default; a ban on rental bidding and on taking more than one month's rent in advance; mandatory registration on the PRS Database (from late 2026); and mandatory membership of the PRS Landlord Ombudsman scheme (from 2028). Private landlords who fail to register on the Database will be unable to obtain possession orders under most Section 8 grounds and face civil penalties of up to £7,000 for a first offence.

August is designed for private landlords who self-manage their properties, the compliance checklist and maintenance reporting tools cover every statutory obligation without the cost of a managing agent.

For landlords new to the role, whether through deliberate investment or an unexpected change in circumstances, our guide for accidental landlords covers the obligations, timeline, and common mistakes.

Frequently asked questions

Can a company be a private landlord?

Yes. A limited company that owns and lets residential property is a private landlord in exactly the same regulatory sense as an individual. The company holds the landlord obligations on the tenancy: it must protect deposits, provide safety certificates, comply with the Tenant Fees Act 2019, and, from 1 May 2026, let under the assured periodic tenancy framework. Some landlords hold properties in a limited company structure for tax efficiency, since companies pay Corporation Tax on rental profits and are not subject to the Section 24 mortgage interest restriction that applies to individual landlords. Company landlords should take specialist advice on the tax and financing implications before incorporating.

What is the difference between a private landlord and a letting agent?

A private landlord owns the rental property. A letting agent is a firm or individual instructed by the landlord to find tenants, manage the tenancy, or both, on behalf of the owner. A landlord who uses a letting agent remains legally responsible for their obligations: the agent acts on the landlord's behalf but does not assume the landlord's statutory duties. Key obligations, including deposit protection, Right to Rent checks, and safety certificates, remain with the landlord even where an agent handles the day-to-day management.

What is an accidental landlord?

An accidental landlord is someone who becomes a private landlord without having planned to, for example, by inheriting a property, being unable to sell a home in a slow market, or relocating while retaining their previous property. Accidental landlords have the same legal obligations as deliberate investors and must comply with the full regulatory framework from the first day of any tenancy. The unplanned nature of the letting does not reduce compliance requirements or provide any protection against penalties for non-compliance.

Do private landlords need a licence to let?

All private landlords with properties in a House in Multiple Occupation (HMO) that meets the mandatory licensing threshold must hold an HMO licence. Additional licensing requirements apply in local authority areas operating selective licensing or additional licensing schemes. Outside these requirements, private landlords do not currently need a general licence to let, though the PRS Database registration (expected from late 2026) will create a near-equivalent national registration obligation for all private landlords of assured and regulated tenancies.