Compliance and Audit Trails Under the New Rules

The Renters' Rights Act 2025 makes documentation and proof of compliance more important than ever. With Section 21 gone, every possession claim requires evidence. Every notice you serve, every document you provide, and every response to a tenant request needs a verifiable audit trail. Getting compliance right isn't just about doing the right things — it's about proving you did them.

The new regulatory landscape creates multiple situations where you need to prove what you did and when:

Possession proceedings:

• All possession claims now use Section 8, which requires evidence of specific grounds
• The court needs proof that the correct notice was served, received, and that the ground is made out
• Without evidence of proper service, your claim fails before it even reaches the merits

Document delivery requirements:

• Written Statement of Terms must be provided to new tenants (up to £7,000 penalty)
• Tenant Information Sheet must be provided to all existing tenants by 31 May 2026 (up to £7,000 penalty)
• Pet request responses must be given within 28 days (silence means consent)
• Section 13 rent increase notices must be properly served

Enforcement and inspections:

• Local authority enforcement powers came into force on 27 December 2025
• Councils can inspect properties, demand documents, and access third-party data
• Penalties up to £7,000 for initial breaches, £40,000 for serious or repeated breaches
• The PRS Ombudsman can investigate complaints and order remedies

What to keep records of:

• All notices served (Section 8, Section 13, pet requests, entry notices) with proof of delivery
• All prescribed documents provided (Written Statement, Information Sheet, gas/electrical certificates, EPC, deposit prescribed information)
• Rent payment records and any arrears correspondence
• Property inspection reports with photographs
• Repair requests, responses, and completion records
• Tenant communications on any compliance matter

• Proof of service is non-negotiable: A notice that can't be proved to have been delivered is a notice that doesn't exist in the eyes of the court. Ordinary post is not sufficient proof.
• Digital trails are powerful: Timestamped, verifiable delivery records provide the strongest evidence. Email read receipts, tracked delivery services, and digital acknowledgement systems all create a clear trail.
• Consistent processes: Having a systematic approach to document delivery and record-keeping protects you across your entire portfolio, not just individual tenancies.
• The cost of getting it wrong: A failed possession claim due to inadequate evidence means starting again — months of additional delay and significant legal costs. A missing document means penalties of up to £7,000 per instance.

• 27 December 2025: Local authority enforcement powers already in force
• 1 May 2026: All new compliance obligations begin (Written Statement, pet requests, rent increase rules, possession grounds)
• 31 May 2026: Deadline to provide Information Sheet to all existing tenants
• 31 July 2026: Deadline for possession proceedings under existing Section 21 notices
• Ongoing: All safety certificates, inspections, and notices need audit trails from this point forward

Q: Is sending a letter by Royal Mail enough to prove delivery?

A: Standard first or second class post does not provide proof of delivery. Recorded delivery provides proof of attempted delivery but not always proof that the recipient received the contents. Certified document delivery services that provide a full audit trail offer the strongest evidence.

Q: What if a tenant denies receiving a document?

A: This is exactly why audit trails matter. Without proof of delivery, it becomes your word against the tenant's. A timestamped, verified delivery record removes this ambiguity entirely.

Q: How long should I keep records?

A: Keep records for the duration of the tenancy and at least 6 years after it ends (the standard limitation period for most civil claims). Some records (gas safety certificates) must be kept for a minimum of 2 years by law.

Q: Can my agent manage this for me?

A: Yes, and this is one of the strongest reasons to use a professional agent. A good agent will have systems in place for compliant document delivery, record-keeping, and audit trail creation across your entire portfolio.

• Audit your current record-keeping — do you have proof of delivery for every prescribed document?
• Review how you serve notices — is your method of service provable in court?
• Set up a system to track compliance deadlines across your portfolio
• Consider digital delivery tools that provide timestamped audit trails
• Compile a compliance file for each property containing all certificates, notices, and tenant communications
• Talk to your agent about their compliance management and audit trail systems

The Renters' Rights Act makes compliance protection essential. The letting.zone platform gives your agent the tools to protect you:

• DocCert provides certified document delivery with full audit trails — proof of delivery that stands up in court. Every notice, certificate, and prescribed document is tracked with timestamps and delivery confirmation.
• tenant.zone gives tenants a portal to report repairs, ask questions (via askAda AI), and communicate with their agent — all logged and timestamped, creating a clear record of every interaction.
• landlord.zone gives you visibility of your property's compliance status, key documents, and upcoming deadlines — all in one place.
• letting.zone (your agent's admin platform) ties it all together with compliance management, document delivery tracking, and automatic audit trail creation.

Together, these tools mean every document is delivered compliantly, every interaction is recorded, and every deadline is tracked. When you need to prove compliance — whether in court, to a local authority inspector, or to the Ombudsman — the evidence is already there.