Landlord guide: Blaby Council

Why it matters

Non-compliance with national or local regulations in Blaby can lead to severe penalties, including unlimited fines, Banning Orders preventing you from letting properties, and orders to repay up to 12 months' rent to tenants. Failure to protect deposits correctly or provide essential safety documents can also prevent you from seeking possession. Proactive adherence to all legal requirements safeguards your investment, maintains positive tenant relationships, and ensures the long-term viability of your letting business.

Legal requirements

• You must ensure your property has a valid Energy Performance Certificate (EPC) with a minimum rating of E, unless a valid exemption is registered.
• An Electrical Installation Condition Report (EICR) must be obtained and renewed every five years, with a copy provided to tenants.
• A valid Gas Safety Certificate must be issued annually for any gas appliances or flues in the property, by a Gas Safe registered engineer.
• Working smoke alarms must be installed on every storey of the property, and a carbon monoxide alarm in any room used as living accommodation containing a fixed combustion appliance (excluding gas cookers).
• All tenant deposits must be protected in a government-approved scheme within 30 days of receipt, and the prescribed information given to the tenant.
• Any required licence, whether mandatory HMO, additional HMO, or selective licensing, must be obtained for the property.
• The property must be fit for human habitation throughout the tenancy, meeting the 29 hazards defined in the Housing Health and Safety Rating System (HHSRS).
• All relevant prescribed documents, such as the How to Rent guide and EPC, must be provided to the tenant at the start of the tenancy.
• You must not charge any prohibited payments to tenants, including fees for referencing or inventories, as outlined in the Tenant Fees Act 2019.
• Landlords must keep accurate and complete records of all legal documents and communications related to the tenancy.

Common mistakes

• Failing to check for current selective or additional licensing designations in Blaby Council before advertising a property can result in fines and an inability to regain possession.
• Assuming an old gas safety certificate or EICR is still valid, leading to dangerous conditions and non-compliance with legal renewal periods.
• Not protecting a tenant's deposit within the statutory 30-day timeframe or failing to serve the prescribed information can prevent a landlord from serving a possession notice.
• Incorrectly understanding the new grounds for possession under the Renters' Rights Act 2025, particularly regarding rent arrears or breach of tenancy.
• Using outdated tenancy agreements or notices that do not reflect the changes introduced by the Renters' Rights Act 2025, rendering them invalid.
• Not providing tenants with a copy of the valid EPC, EICR, Gas Safety Certificate, or the latest How to Rent guide at the tenancy's commencement.
• Attempting to charge prohibited fees to tenants, such as for cleaning services or administration, which are illegal under the Tenant Fees Act 2019.
• Neglecting to install or maintain working smoke and carbon monoxide alarms, which is a critical safety requirement and can lead to severe penalties.

Practical guidance

• Regularly check the Blaby Council website for updates on any new selective or additional licensing schemes that may affect your properties.
• Establish a robust system for tracking renewal dates for EPCs, EICRs, and Gas Safety Certificates to ensure continuous compliance.
• Familiarise yourself with the Renters' Rights Act 2025, specifically the new periodic assured tenancy framework and the updated possession grounds.
• Ensure all tenancy deposits are promptly protected in an approved scheme and the prescribed information is served to tenants within 30 days.
• Appoint a Gas Safe registered engineer for annual gas safety checks and a qualified electrician for EICRs, retaining all certification.
• Install and regularly test smoke alarms on every floor and carbon monoxide alarms in relevant rooms, ensuring they are always in working order.
• Update your tenancy agreements and landlord procedures to reflect the changes brought by the Renters' Rights Act 2025 before the main provisions commence in 2026.
• Keep meticulous records of all landlord documents, communications, safety certificates, and repair works for at least seven years.
• Provide tenants with a clear point of contact for repairs and ensure issues are addressed promptly to meet fitness for human habitation standards.
• Seek professional legal advice if you are unsure about any aspect of landlord legislation, especially when navigating complex licensing or possession issues.

Local Licensing Schemes in Blaby Council

Blaby Council, like many local authorities across England, has powers under the Housing Act 2004 to implement various property licensing schemes. These schemes aim to raise housing standards and ensure proper management. The three main types are Mandatory HMO licensing, Additional HMO licensing, and Selective licensing. Mandatory HMO licensing applies nationally to properties occupied by five or more people forming two or more households who share a kitchen, bathroom, or toilet. Properties meeting these criteria must be licensed regardless of their location in Blaby. Additional HMO licensing can be introduced by the council to extend licensing requirements to smaller HMOs, often those with three or four occupants. These schemes are usually ward-specific and have a maximum duration of five years. Selective licensing can apply to all private rented properties, including single-family lets, within a designated area. Blaby Council must conduct extensive public consultation before introducing such schemes, which are also time-limited. Landlords must proactively check the Blaby Council website for current designations that might affect their property. Operating an unlicensed property where a licence is required is a criminal offence, carrying penalties including an unlimited fine, a Banning Order, and the inability to use certain possession grounds or recover rent.

The Renters' Rights Act 2025: Key Changes for Blaby Landlords

The Renters' Rights Act 2025, with its main provisions commencing in 2026, represents the most significant reform to the private rented sector in England for decades. For landlords in Blaby, understanding these changes is paramount. The Act abolishes the assured shorthold tenancy, replacing it with a single system of periodic assured tenancies. This means all new tenancies will be periodic from day one, offering greater flexibility for tenants. Crucially, the 'no-fault' Section 21 eviction notice is abolished. Landlords will now only be able to end a tenancy using new or reformed statutory possession grounds, which are specific and often fault-based, such as significant rent arrears, breach of tenancy terms, or an intention to sell the property. Rent increases will be restricted to once per year, with tenants having the right to challenge increases they deem unreasonable via a First-tier Tribunal. The Act also introduces a new Private Rented Sector Ombudsman and a national landlord database, enhancing tenant redress and accountability. Landlords should review their tenancy agreements, notice procedures, and record-keeping practices to align with these impending legal obligations. The changes necessitate a more robust approach to tenancy management and dispute resolution.

Safety and Maintenance Requirements in Blaby

All landlords in Blaby must ensure their properties meet stringent safety and maintenance standards, underpinned by several key pieces of legislation. The Gas Safety (Installation and Use) Regulations require an annual gas safety check by a Gas Safe registered engineer for all gas appliances and flues, with a copy of the certificate provided to the tenant. The Electrical Safety Standards in the Private Rented Sector (England) Regulations mandate that electrical installations are inspected and tested at least every five years by a qualified person, resulting in an Electrical Installation Condition Report (EICR). A copy of the EICR must be given to all tenants. Furthermore, the Smoke and Carbon Monoxide Alarm (England) Regulations require a working smoke alarm on every storey of the property where there is living accommodation, and a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers). These alarms must be tested on the first day of the tenancy. The Homes (Fitness for Human Habitation) Act 2018 obligates landlords to ensure their properties are fit for human habitation throughout the tenancy, addressing issues like damp, structural integrity, and the absence of essential facilities. Failure to comply with these safety laws can lead to severe fines, legal action, and potential endangerment of tenants.

Deposit Protection and Tenant Fees in Blaby

Protecting a tenant's deposit is a fundamental legal requirement for all landlords in Blaby. Under the Housing Act 2004, all tenancy deposits for assured tenancies must be protected in one of the three government-approved schemes within 30 days of receipt: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). Crucially, landlords must also provide the tenant with 'prescribed information' about the scheme within the same 30-day period. Failure to comply with these rules can result in the landlord being unable to issue a possession notice and facing a penalty of between one and three times the deposit amount payable to the tenant. Additionally, the Tenant Fees Act 2019 strictly limits what landlords and agents can charge tenants. Prohibited payments include fees for referencing, inventories, or tenancy set-up. The only payments allowed are rent, a refundable tenancy deposit (capped at five weeks' rent for annual rents under £50,000, or six weeks' rent for annual rents of £50,000 or more), a refundable holding deposit (capped at one week's rent), payments for damages for breach of contract, and specific charges for late rent, lost keys, or tenancy variation/assignment. Charging prohibited fees can lead to fines and an inability to serve a possession notice.

Devolved Administrations: Scotland, Wales, and Northern Ireland

While this guide focuses on England and Blaby Council, it is crucial for landlords with properties elsewhere in the UK to understand that housing laws differ significantly in Scotland, Wales, and Northern Ireland. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 introduced the Private Residential Tenancy, which is open-ended and replaced assured and short assured tenancies. There are distinct grounds for repossession and a different tribunal system. In Wales, the Renting Homes (Wales) Act 2022 brought in 'occupation contracts', replacing tenancy agreements, and introduced new rules around notice periods, fitness for human habitation, and succession rights. The Welsh government also operates Rent Smart Wales, requiring all landlords to register and undertake training. Northern Ireland has its own housing legislation, including specific rules on tenancy deposit schemes and notice periods under the Private Tenancies Act (Northern Ireland) 2022. Landlords operating in these devolved nations must consult the relevant government guidance and local council rules, as the regulations, particularly regarding licensing, notices, and tenant rights, are not the same as those in England. Referencing guides like 'Landlord guide to letting in Cardiff' for Wales or specific Scottish government resources would be necessary for properties outside England.