Landlord guide: Ashford Council

Why it matters

Failing to comply with local licensing requirements can lead to substantial fines, prosecution, and restrictions on your ability to regain possession of your property. Non-compliance with national regulations, such as those relating to gas safety, electrical safety, or deposit protection, carries severe penalties, including unlimited fines and civil claims. Understanding and implementing the new provisions of the Renters' Rights Act 2025 is critical to ensure lawful tenancy management and dispute resolution moving forward, avoiding costly legal challenges and maintaining good tenant relations.

Legal requirements

• Ensure all properties let to five or more people forming two or more households sharing facilities are covered by a mandatory HMO licence.
• Check Ashford Council's website for any additional or selective licensing schemes that may apply to your property's specific location.
• Provide an Energy Performance Certificate (EPC) with a minimum rating of C for all new tenancies from 2025, and for all existing tenancies by 2028, unless a valid exemption applies.
• Obtain an annual gas safety record for any property with a gas installation, conducted by a Gas Safe registered engineer.
• Arrange for an Electrical Installation Condition Report (EICR) every five years, carried out by a qualified person, with a copy provided to tenants.
• Install working smoke alarms on every storey of the property and carbon monoxide alarms in any room with a fixed combustion appliance, excluding gas cookers.
• Protect all tenant deposits in a government-approved scheme within 30 days of receipt and provide prescribed information to the tenant.
• Serve all legally required documents, including the most recent 'How to Rent' guide, EPC, Gas Safety Certificate, and EICR, before the tenancy commences.
• Adhere to the new grounds for possession and procedures for rent increases introduced by the Renters' Rights Act 2025.
• Ensure the property meets the 'fitness for human habitation' standards throughout the tenancy.

Common mistakes

• Failing to check for local licensing requirements, assuming they do not apply to your property.
• Not renewing mandatory HMO licences in time, leading to properties becoming unlicensed.
• Misunderstanding the new periodic assured tenancy framework and attempting to use old notice types.
• Incorrectly calculating notice periods or serving invalid notices for possession under the new Renters' Rights Act 2025.
• Overlooking the requirement for an EPC rating of C or above for all new and existing tenancies by the specified dates.
• Not providing tenants with a copy of the Gas Safety Certificate or EICR before they move in or after renewal.
• Failing to protect the tenant's deposit within the statutory timeframe or omitting to serve the prescribed information.
• Ignoring tenant complaints about disrepair or safety issues, potentially leading to 'retaliatory' eviction defences or council enforcement action.
• Not maintaining adequate records of property inspections, repairs, and communications with tenants.
• Failing to install or regularly check smoke and carbon monoxide alarms.

Practical guidance

• Regularly check the Ashford Council website for updates on local licensing schemes, as these can change or be introduced at short notice.
• Engage with local landlord forums or associations in Ashford to stay informed about local housing initiatives and compliance best practices.
• Review your tenancy agreements and internal procedures to align with the new periodic assured tenancy model and possession grounds under the Renters' Rights Act 2025.
• Implement a robust system for scheduling and tracking annual gas safety checks and five-yearly EICR renewals to ensure continuous compliance.
• Ensure all deposit protection and prescribed information requirements are met promptly for every new tenancy and upon any renewal or change.
• Keep detailed records of all safety certificates, property inspections, repair requests, and communications with tenants and the council.
• Provide tenants with a clear point of contact for reporting repairs and respond to issues promptly to maintain property standards and tenant satisfaction.
• Obtain professional legal advice if you are unsure about any aspect of property law or compliance, especially regarding possession proceedings.
• Budget for property upgrades to meet future EPC requirements, aiming for a C rating or higher well in advance of the deadlines.
• Familiarise yourself with the upcoming National Landlord Register and the new landlord ombudsman scheme to understand your obligations and avenues for dispute resolution.

Property Licensing in Ashford Council

Ashford Council, like other local authorities, has powers to implement various property licensing schemes that extend beyond national mandatory licensing. Mandatory HMO licensing applies universally across England and Wales to Houses in Multiple Occupation (HMOs) occupied by five or more people forming two or more separate households who share facilities such as a kitchen, bathroom, or toilet. Properties meeting these criteria must be licensed, and a failure to do so is a criminal offence. The licence requires the property to meet certain standards and for the landlord or managing agent to be a 'fit and proper person'. At present, Ashford Council has not implemented an additional licensing scheme for smaller HMOs. However, local authorities can designate areas for additional licensing at any time, requiring smaller HMOs, for instance, those with three or four occupants, to also be licensed. Similarly, selective licensing can be introduced in designated areas, requiring all private rented properties in that area, including single-family lets, to be licensed. These schemes are usually introduced to address specific issues such as poor property conditions or anti-social behaviour. Landlords must regularly check the Ashford Council website for any new designations, as scheme boundaries are often street- or ward-specific and can change. For example, a property on one side of a road might require a licence, while one on the other side might not. Ignorance of a scheme is not a defence against prosecution.

Navigating the Renters' Rights Act 2025 in Ashford

The Renters' Rights Act 2025 represents the most significant reform to residential tenancy law in England for decades, fundamentally altering the landscape for landlords. One of the primary changes is the abolition of fixed-term assured shorthold tenancies, meaning all new tenancies from the commencement of the main provisions in 2026 will be periodic assured tenancies. Existing assured shorthold tenancies will also transition to periodic assured tenancies after a specified period. This means tenants will typically have greater security of tenure. The Act also repeals Section 21 of the Housing Act 1988, which previously allowed landlords to evict tenants without providing a reason. Moving forward, landlords will only be able to regain possession using specified grounds for possession, many of which are mandatory but some are discretionary. These grounds include the landlord's intention to sell the property, move into it themselves, or carry out major renovations. There are also grounds for tenant breaches, such as significant rent arrears or anti-social behaviour. Landlords in Ashford will need to familiarise themselves with these new grounds, the evidence required to prove them, and the correct notice periods. The Act also introduces a new private rented sector ombudsman, which will provide a mandatory redress scheme for tenants, and a national landlord database. This shift requires landlords to review their tenancy agreements, rent review procedures, and approach to tenancy management and termination to ensure full compliance with the new legal framework. Proactive adaptation will be key to successful letting in Ashford and beyond.

Essential Safety and Compliance Requirements

Beyond local licensing, landlords in Ashford must adhere to a comprehensive set of national safety and compliance regulations. The annual gas safety check, conducted by a Gas Safe registered engineer, is mandatory for all gas appliances and flues. A copy of the gas safety record must be provided to the tenant within 28 days of the check or before they move in. Electrical safety is covered by the requirement for an Electrical Installation Condition Report (EICR) every five years, performed by a qualified electrician, with a copy supplied to tenants. The property must also have a valid Energy Performance Certificate (EPC), and from 2025, newly let properties must achieve a minimum rating of C. This will extend to all existing tenancies by 2028, unless an exemption applies. Smoke alarms must be fitted on every storey of the property, and carbon monoxide alarms must be present in any room containing a fixed combustion appliance, excluding gas cookers. These must be checked at the start of each new tenancy. Furthermore, landlords are legally required to protect tenant deposits in one of three government-approved schemes within 30 days of receiving it and provide the tenant with specific 'prescribed information' about the scheme. Failure to comply with these safety and deposit protection rules carries significant penalties, including fines and limitations on serving possession notices.

Regional Differences: Scotland, Wales and Northern Ireland

Property law is largely devolved within the United Kingdom, meaning significant differences exist between England, Scotland, Wales, and Northern Ireland. This guide specifically details regulations relevant to Ashford Council, which is located in England. For landlords with properties elsewhere in the UK, it is crucial to consult the respective national and local guidance. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering greater security of tenure and prohibiting 'no fault' evictions. The system for deposit protection, HMO licensing, and property standards also differs. Wales has implemented the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' as the new form of tenancy, replacing assured shorthold tenancies, and similarly removed 'no fault' evictions, requiring specific grounds for possession. Selective licensing schemes and other local authority powers also vary across Wales. Northern Ireland operates under its own distinct housing legislation, with separate rules for tenancy agreements, deposit protection, and HMO registration, which includes a mandatory HMO registration scheme for properties with three or more unrelated occupants. Landlords must always verify the specific legal requirements applicable to the property's exact location within the UK.