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Landlord guide: Adur Council

This guide provides essential information for landlords operating in the Adur Council area. It covers local licensing requirements, critical safety compliance, and the significant changes brought by the Renters' Rights A

Overview

Landlords with properties in the Adur Council area must ensure full compliance with national housing legislation and any specific local authority schemes. Currently, the primary local regulation for most landlords is mandatory HMO licensing for larger shared houses. All landlords must maintain comprehensive safety records, protect tenancy deposits, and adhere to the evolving legal framework, including the significant changes introduced by the Renters' Rights Act 2025.

Why it matters

Non-compliance with landlord obligations in Adur Council can lead to severe penalties, including unlimited fines, rent repayment orders, and even imprisonment for serious breaches. An incomplete compliance pack, or failing to secure a required licence, can also hinder a landlord's ability to regain possession of their property. Staying informed and compliant protects your investment, maintains a positive reputation, and ensures the safety and well-being of your tenants.

Legal requirements

  • Obtain a mandatory HMO licence from Adur Council if your property is let to five or more people from two or more households who share facilities.
  • Ensure an in-date Gas Safety Certificate is held for all gas appliances and flues, issued annually by a Gas Safe registered engineer.
  • Provide a valid Electrical Installation Condition Report (EICR) every five years, confirming electrical safety by a qualified person.
  • Supply an Energy Performance Certificate (EPC) with a minimum rating of E, valid for 10 years, to prospective tenants.
  • Install working smoke alarms on every storey of the property and a carbon monoxide alarm in any room with a fixed combustion appliance (excluding gas cookers).
  • Protect all tenancy deposits in a government-approved scheme within 30 days of receipt and provide the tenant with prescribed information about its protection.
  • Provide tenants with a copy of the How to Rent Guide, the EPC, the Gas Safety Certificate, and the EICR before the tenancy commences.
  • Ensure the property meets the Homes (Fitness for Human Habitation) Act 2018 standards throughout the tenancy.
  • Comply with all provisions of the Renters' Rights Act 2025, particularly regarding periodic tenancies, rent increases, and possession grounds.
  • Register with the national landlord database introduced by the Renters' Rights Act 2025.

Practical guidance

  • Confirm the exact classification of your property to determine if it falls under mandatory HMO licensing requirements.
  • Review Adur Council's official website for the latest information on local housing regulations and licensing scheme fees.
  • Establish a robust system for tracking key compliance dates, such as EPC expiry, EICR expiry, and annual gas safety checks.
  • Maintain a comprehensive digital or physical 'landlord compliance pack' for each property, containing all required certificates and documents.
  • Familiarise yourself with the Renters' Rights Act 2025, particularly the new periodic tenancy structure and revised possession grounds.
  • Ensure all tenancy deposits are protected and the prescribed information is served correctly and on time for every new tenancy.
  • Regularly check and test smoke and carbon monoxide alarms, ensuring batteries are functional and units are correctly placed.
  • Engage reputable, qualified contractors for all safety checks and maintenance work, keeping clear records of their certifications.
  • Consider professional landlord training or legal advice to stay current with housing legislation changes.
  • Prepare for the national landlord database registration requirement by collating all necessary property and landlord details.

Licensing Requirements in Adur Council

Landlords in the Adur Council area must be aware of their licensing obligations. The most common requirement is for Mandatory HMO licensing. This applies to properties rented by five or more people, forming two or more households, who share facilities such as a kitchen, bathroom, or toilet. Even if your property is well-maintained, an HMO of this size requires a licence. Adur Council does not currently operate any additional licensing schemes for smaller HMOs, nor does it have any selective licensing schemes for private rented homes generally. However, local authorities can introduce such schemes at any time, so it is always prudent for landlords to check the council's housing website periodically for updates. Operating an unlicensed mandatory HMO is a serious offence, carrying potential penalties including unlimited fines, a criminal record, and rent repayment orders.

Essential Safety and Compliance Obligations

Regardless of any licensing requirements, all landlords in Adur Council must adhere to fundamental safety and compliance standards. A current Gas Safety Certificate, issued annually by a Gas Safe registered engineer, is mandatory for any property with gas appliances. Electrical safety is verified by an Electrical Installation Condition Report (EICR) which must be updated every five years, conducted by a qualified person. An Energy Performance Certificate (EPC) with a minimum rating of E must be provided to tenants, valid for 10 years. Working smoke alarms must be fitted on every storey of the property, and carbon monoxide alarms are required in rooms containing any fixed combustion appliance, excluding gas cookers. All tenancy deposits must be protected in a government-approved scheme within 30 days, with the prescribed information provided to tenants. The property must also comply with the Homes (Fitness for Human Habitation) Act 2018 throughout the tenancy, ensuring it is safe and healthy to live in.

Impact of the Renters' Rights Act 2025

The Renters' Rights Act 2025, with its main provisions commencing in 2026, represents a significant overhaul of private renting in England. It abolishes assured shorthold tenancies, replacing them with periodic assured tenancies. This means all new tenancies will be periodic from the outset, with no fixed end date, providing tenants with greater security. The Act also abolishes 'no-fault' Section 21 evictions, requiring landlords to rely on new or amended Section 8 possession grounds, which are fault-based or specific circumstances. Landlords in Adur Council must familiarise themselves with these new grounds and the revised procedures for seeking possession. The Act also introduces a national landlord database and a new Housing Ombudsman, to which landlords must belong. Rent increase procedures will also change, requiring a two-month notice period and allowing tenants to challenge increases they deem unreasonable.

Record Keeping and Documentation

Meticulous record keeping is crucial for landlords in Adur Council. For every tenancy, you must maintain an organised compliance pack. This should include copies of the current Gas Safety Certificate, the most recent Electrical Installation Condition Report, and a valid Energy Performance Certificate. Evidence of deposit protection and the prescribed information served to the tenant must be retained. It is also vital to keep records of when the How to Rent Guide was provided to the tenant, alongside any other prescribed documents required at the start of the tenancy. Photographs or other evidence of working smoke and carbon monoxide alarms at the start of the tenancy are highly recommended. These records not only demonstrate compliance but are also essential if you ever need to seek possession of your property or defend against a claim of non-compliance. Robust documentation protects landlords from potential legal challenges and financial penalties.

Regional Differences: Scotland, Wales, and Northern Ireland

While this guide focuses on England and Adur Council, it is important for landlords with properties elsewhere in the UK to understand that housing laws differ significantly. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering different rules on rent increases, evictions, and tenancy length. Wales introduced the Renting Homes (Wales) Act 2022, which significantly reformed contracts for dwellings, replacing traditional tenancy agreements with 'occupation contracts'. These contracts have distinct notice periods and a different approach to possession. Northern Ireland operates under its own housing legislation, including specific tenancy agreements and landlord registration schemes. Therefore, landlords operating outside of England, or with properties in devolved nations, must consult the specific guidance for those regions, as outlined in pages like Landlord guide to letting in Cardiff, as the rules detailed here for England will not apply.

Councils covered

Frequently asked questions

What is the maximum penalty for operating an unlicensed HMO in Adur Council?

Operating an unlicensed mandatory HMO in Adur Council can lead to severe penalties. The local authority can issue an unlimited fine and pursue a criminal conviction. Additionally, landlords can be ordered to repay up to 12 months' rent through a Rent Repayment Order. Failing to hold a valid licence can also prevent a landlord from serving a valid notice to regain possession of their property.

Do I need to register as a landlord in Adur Council?

There is no specific local landlord registration scheme in Adur Council currently, beyond the mandatory HMO licensing scheme if it applies to your property. However, the Renters' Rights Act 2025 introduces a national landlord database for all landlords in England. While details are still emerging, landlords will be required to register on this national database once it is operational, which is expected by 2026.

How often do I need to get an EPC for my rented property in Adur?

An Energy Performance Certificate (EPC) is valid for 10 years. You must ensure that your property has a current EPC with a minimum rating of E before a new tenancy begins. If your current EPC is nearing its expiry or is below an E rating, you will need to commission a new assessment and potentially make improvements to meet the minimum standard.

What is the 'How to Rent Guide' and when must it be provided?

The 'How to Rent Guide' is a government publication that provides tenants with information about their rights and responsibilities. Landlords must provide the most up-to-date version of this guide to their tenants at the very start of a new tenancy. Failure to provide it can affect a landlord's ability to serve a valid notice to seek possession of the property, even under the new Renters' Rights Act 2025 grounds.

Are 'no-fault' evictions still possible in Adur Council after 2026?

No, the Renters' Rights Act 2025 abolishes 'no-fault' Section 21 evictions for all tenancies in England, including those in Adur Council, with the main provisions commencing in 2026. Landlords will instead need to rely on the revised and expanded Section 8 grounds for possession, which generally require a reason such as rent arrears, tenant fault, or specific circumstances like selling the property.

Do I need to provide carbon monoxide alarms in my property?

Yes, current regulations require landlords to provide a carbon monoxide alarm in any room of a rented property that contains a fixed combustion appliance, excluding gas cookers. This includes gas boilers, wood-burning stoves, and other solid fuel burners. These alarms must be in proper working order at the start of a tenancy, and landlords should regularly check them.

What is the difference between mandatory and additional HMO licensing?

Mandatory HMO licensing is a national scheme applying to all HMOs in England that house five or more people from two or more households who share facilities. Additional HMO licensing, however, is a discretionary scheme introduced by individual local councils, like Adur, to cover smaller HMOs that do not meet the mandatory criteria, for example, those with three or four occupants. Adur Council does not currently operate an additional licensing scheme.

Local rules change frequently. Always confirm licensing designations and fees with the council for the exact address before letting. This guide is general information, not legal advice.