Landlord guide: Cheltenham Council

Why it matters

Failing to understand and comply with Cheltenham's local licensing rules or broader legal obligations can result in unlimited fines, prohibition orders, and reputational damage. Non-compliance may also invalidate a landlord's ability to regain possession of their property, impact insurance policies, and lead to being listed on the Rogue Landlord Database. Staying informed and compliant protects your investment, your tenants, and your legal standing.

Legal requirements

• You must ascertain if your property requires a licence under Cheltenham Council's mandatory, additional, or selective licensing schemes before letting it.
• All tenancies must be protected by a government-approved tenancy deposit scheme, and the prescribed information must be served to the tenant within 30 days of receipt.
• A valid Gas Safety Record must be obtained annually for all gas appliances and flues, conducted by a Gas Safe registered engineer.
• An Electrical Installation Condition Report (EICR) must be obtained and renewed every five years, or sooner if specified, demonstrating electrical safety.
• A valid Energy Performance Certificate (EPC) must be provided to tenants, showing a minimum rating of E unless a valid exemption is registered.
• Working smoke alarms must be installed on every storey used as living accommodation, and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers.
• You must ensure the property is fit for human habitation throughout the tenancy, meeting the standards set out in the Homes (Fitness for Human Habitation) Act 2018.
• The How to Rent Guide, the EPC, the Gas Safety Certificate (if applicable), and the deposit prescribed information must be provided to the tenant before the tenancy commences.
• All letting fees charged to tenants must strictly adhere to the Tenant Fees Act 2019, prohibiting most upfront costs beyond rent, deposit, and specific permitted payments.
• You must comply with all new provisions of the Renters' Rights Act 2025, including the abolition of 'no-fault' evictions and the changes to possession grounds, rent review procedures, and the new national landlord database and ombudsman.

Common mistakes

• Failing to check for current licensing designations, assuming a property does not require a licence when it does.
• Not providing the prescribed information for a protected deposit to the tenant within the statutory timeframe, potentially impacting possession claims.
• Allowing the Gas Safety Record or Electrical Installation Condition Report to expire, or not providing copies to tenants.
• Failing to install or maintain working smoke and carbon monoxide alarms, a critical safety breach.
• Attempting to evict a tenant using a Section 21 notice after its abolition by the Renters' Rights Act 2025.
• Charging prohibited fees to tenants, leading to fines and potential repayment orders under the Tenant Fees Act 2019.
• Not ensuring the property meets the minimum energy efficiency standard, or failing to provide an EPC to tenants.
• Overlooking the requirements of the Homes (Fitness for Human Habitation) Act 2018, resulting in unsafe or unhealthy living conditions.
• Failing to join the National Landlord Register or register with the new Housing Ombudsman, as mandated by the Renters' Rights Act 2025.
• Serving incorrect or out-of-date prescribed documents at the start of a tenancy, which can invalidate subsequent legal actions.

Practical guidance

• Regularly check the Cheltenham Council website for current and proposed licensing schemes applicable to your property's address.
• Establish a robust system for tracking key compliance dates for Gas Safety Records, EICRs, and EPC renewals.
• Use a government-approved tenancy deposit scheme and ensure prescribed information is always served correctly and on time.
• Maintain clear records of all safety certificates, tenant communications, and property inspections.
• Develop a maintenance schedule to proactively address property condition issues and ensure fitness for human habitation.
• Familiarise yourself with the Renters' Rights Act 2025 well in advance of its commencement, particularly regarding new possession grounds and notice periods.
• Budget for property upgrades to meet Minimum Energy Efficiency Standards (MEES) if your EPC rating is currently F or G.
• Consider professional landlord accreditation schemes to enhance your knowledge and demonstrate commitment to best practice.
• Seek professional legal advice if you are unsure about any aspect of landlord law or compliance in Cheltenham.
• Ensure all required statutory documents, such as the 'How to Rent' guide and relevant safety certificates, are served to tenants before the start of the tenancy.

Navigating Property Licensing in Cheltenham

Cheltenham Council operates a multifaceted approach to property licensing, crucial for landlords to understand. Mandatory HMO licensing applies nationally to properties housing five or more tenants forming two or more households who share facilities like a kitchen or bathroom. Beyond this, Cheltenham Council may implement 'additional licensing' for smaller HMOs, or 'selective licensing' which can require all private rented properties, including single-family homes, in a designated area to be licensed. These designations are typically ward- or street-specific and run for up to five years. It is imperative to check the current status of your specific property's address on the council's official website, as licensing requirements can change and may not always be widely publicised. Operating an unlicensed property where a licence is required is a criminal offence, potentially leading to an unlimited fine, a rent repayment order, or civil penalties of up to £30,000. Landlords must also ensure that all licence conditions, once granted, are strictly adhered to throughout the licence period. For properties in Scotland, Wales, or Northern Ireland, different licensing regimes apply, with specific local councils or housing bodies overseeing their own schemes.

The Renters' Rights Act 2025 and its Local Impact

The Renters' Rights Act 2025 introduces the most significant reforms to the private rented sector in England in decades, directly impacting landlords in Cheltenham. The Act abolishes assured shorthold tenancies, replacing them with a new system of periodic assured tenancies. Critically, it ends 'no-fault' evictions under what was previously Section 21 of the Housing Act 1988. Landlords will now rely on new, more robust, and transparent possession grounds. This means landlords in Cheltenham must review and update their tenancy agreements, rent review procedures, and understanding of eviction processes. The Act also establishes a new national landlord database, which landlords will be required to join, and a new Housing Ombudsman, to which tenants can escalate disputes. These changes aim to provide greater security for tenants and improve standards across the sector. While the core provisions of the Act apply uniformly across England, the enforcement and interaction with local schemes, like Cheltenham's licensing, will be managed at the council level. Different tenancy regimes and landlord registration requirements exist in Scotland, Wales, and Northern Ireland, reflecting their devolved powers.

Essential Safety and Compliance Checks for Cheltenham Landlords

Regardless of licensing status, all private rented properties in Cheltenham must meet a stringent set of safety and compliance standards. This includes an annual Gas Safety Record for any property with gas appliances, conducted by a Gas Safe registered engineer, with a copy provided to the tenant. An Electrical Installation Condition Report (EICR) must be obtained every five years from a qualified electrician, ensuring electrical safety. A valid Energy Performance Certificate (EPC) with a minimum E rating is required, unless an exemption applies and is registered. Working smoke alarms must be fitted on each storey of the property, and carbon monoxide alarms in any room containing a fixed combustion appliance, excluding gas cookers. The property must also comply with the Homes (Fitness for Human Habitation) Act 2018, ensuring it is safe, healthy, and free from serious hazards throughout the tenancy. Comprehensive records of all safety certificates, maintenance, and tenant communications are vital for demonstrating due diligence and compliance.

Deposit Protection, Fees, and Prescribed Documents

All tenancy deposits taken by landlords in Cheltenham must be protected in one of the three government-approved tenancy deposit schemes: Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme. Crucially, the 'prescribed information' relating to the deposit must be provided to the tenant within 30 days of receiving the deposit. Failure to do so can result in financial penalties and severely restrict a landlord's ability to serve a valid possession notice. The Tenant Fees Act 2019 strictly limits the fees landlords can charge tenants. Permitted payments include rent, tenancy deposit (capped at five weeks' rent for annual rent under £50,000, six weeks' for annual rent over £50,000), a holding deposit (capped at one week's rent), and charges for specific defaults such as late rent or lost keys. Furthermore, before a tenancy begins, landlords must provide tenants with the most recent 'How to Rent' Guide, a copy of the EPC, and the Gas Safety Certificate. Serving these 'prescribed documents' correctly is fundamental to establishing a legally sound tenancy and avoiding future complications.