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Risk Centre · Mistakes
The mistakes that cost landlords most.
Almost none of the expensive errors under the Act are exotic. They're the same handful of basics, made at the start of a tenancy, that lie dormant until the moment you need to act — and then defeat a possession claim or trigger a penalty.
Here are the ones we see most, what each actually costs, and the fix. None of them are hard to avoid. All of them are expensive to discover late.
- Most common cause
- Start-of-tenancy paperwork gaps
- Typical delay
- 12–18 months on a defective notice
- Double exposure
- Same error voids possession AND fines
- Avoidable
- Nearly all of it
Why small errors get expensive
Under Section 21 a lot of sloppiness was survivable — you could serve a no-fault notice and side-step the paperwork question. That cushion is gone. Now every possession runs through a ground, and the court checks that the tenancy was set up correctly before it grants anything.
So an unprotected deposit or an unserved How to Rent guide isn't a footnote any more. It's the thing that stops you recovering your property when you genuinely need to — and frequently a penalty on top.
The pattern
Notice the theme below: nearly every costly mistake is set in motion at the start of the tenancy and only surfaces months or years later. The cheapest possible insurance is getting day one right.
And the honest one
The most common mistake of all isn't on the list below, because it's a mindset: assuming the old instincts still apply. 'I'll just give two months' notice', 'I'll take six months up front to be safe', 'I'll put no DSS on the advert'. Each was normal a year ago; each is now a problem.
If you take one thing from the Risk Centre, take this: the safe move is no longer the familiar move. When in doubt, check before you act — it's free, and it's far cheaper than unwinding it afterwards.
Downloadable checklist
Avoid the costly mistakes — your checklist
If every box here is ticked on every tenancy, you've removed most of your exposure.
Email me the full guide- 01
Deposit protected and prescribed information served within the deadline
- 02
Gas safety, EPC and How to Rent guide served before move-in, with proof
- 03
Current prescribed notice form used, correct ground stated, expiry date exact
- 04
Ground 1 / 1A only used after the first 12 months
- 05
No re-letting inside the 12-month restriction after Ground 1 / 1A
- 06
Listings show one rent, no 'No DSS', no no-children wording
- 07
Hazard reports acknowledged within 24 hours and documented throughout
- 08
PRS Database and Ombudsman registration in place before letting
Where landlords get caught
The error, the cost, the fix.
The mistake
Deposit not protected, or prescribed information not served
What it costs
Up to 3× the deposit in damages, and your Section 8 ground can be defeated
The fix
Protect the deposit and serve the prescribed information within the deadline, every tenancy. Keep dated proof.
The mistake
Gas safety, EPC or How to Rent guide not served before move-in
What it costs
Possession claim challenged or thrown out; the property you can't recover
The fix
Serve all three before the tenancy starts and keep evidence of service — not just that they existed.
The mistake
Notice period miscalculated or the wrong form used
What it costs
Notice invalid — clock resets, often by four months or more
The fix
Use the current prescribed form, state the correct ground, and calculate the expiry date precisely.
The mistake
Serving Ground 1 or 1A inside the first 12 months
What it costs
Notice invalid; possession refused
The fix
Check the tenancy start date. These grounds can't take effect in the first year — plan the timing in advance.
The mistake
Re-letting after Ground 1 or 1A within 12 months
What it costs
Civil penalty, and the basis for possession undermined
The fix
Treat the property as out of the rental market for 12 months. If plans are uncertain, take advice before serving.
The mistake
'Offers over', 'No DSS' or no-children wording in a listing
What it costs
Civil penalty up to £7,000 and Ombudsman action
The fix
Advertise one rent, write inclusive listings, and assess every applicant on the same documented criteria.
The mistake
Slow or undocumented response to damp, mould or hazards
What it costs
Awaab's Law penalties of £7,000–£40,000, plus rent reduction orders
The fix
Acknowledge within 24 hours, investigate and remediate within the statutory window, and document every step.
The mistake
Letting without Ombudsman or PRS Database registration
What it costs
Civil penalty up to £40,000; you can't legally let or pursue most evictions
The fix
Register before letting and keep the records current. Managed clients have this handled for them.
Common questions
Frequently asked
questions.
Specific situation not covered? Call us on 01892 533367 — Mike (MARLA · FNAEA) handles complex compliance directly.
What's the most common reason a possession claim fails now?
Start-of-tenancy paperwork. An unprotected deposit, prescribed information not served, a missing gas safety certificate, EPC or How to Rent guide, or a miscalculated notice — any one of these can defeat a Section 8 claim. The errors are almost always made at the beginning of the tenancy and only surface months later when you try to recover the property.
How much can a defective notice actually cost me?
The direct cost is the reset: an invalid notice means starting again, often losing four months or more. But the real figure is the lost rent and legal fees over the twelve to eighteen months a contested, restarted claim can take — which routinely exceeds a full year of management fees. The same paperwork error can also trigger a separate penalty.
I've always taken rent in advance and screened out benefit claimants — is that still fine?
No — and this is the trap for experienced landlords. Taking large rent-in-advance payments is now restricted, and refusing tenants because they receive benefits or have children is unlawful discrimination. Habits that were normal a year ago are now penalty exposures. The safe move is no longer the familiar one; when in doubt, check before you act.
Can one mistake really cause two problems at once?
Yes, and that's the key point. The errors that defeat a possession claim — unprotected deposit, unserved gas certificate or How to Rent guide — are frequently the same errors that trigger a civil penalty. One slip creates two exposures. The flip side is encouraging: getting the start-of-tenancy basics right removes both risks together.
Explore the Risk Centre
Keep reading on the topics that affect you.
Penalties & fines
Civil penalties, rent repayment orders and the offences that turn a paperwork slip into a five-figure bill.
Marketing restrictions
One advertised rent, no bidding wars, no 'No DSS'. What you can and can't say when you list a property.
How we help
Compliance built into the management, not bolted on — and a free review of where you stand today.
A note
This page is general guidance for landlords, not legal advice. Specific circumstances vary, and commencement dates of individual Renters' Rights Act provisions can change through statutory instruments. Confirm any specific decision with your solicitor — or talk to us, and we'll route you to a specialist housing solicitor where it matters.
Not sure where you stand?
Find the gaps before they find you.
A free, no-obligation review of your current tenancies against the mistakes above. We'll tell you what's sound, what needs tightening, and the simplest way to fix it.