Landlord guide: Cherwell Council

Why it matters

Non-compliance with Cherwell Council's licensing rules or national regulations can lead to substantial fines, rent repayment orders, criminal prosecution, and difficulties recovering possession of your property. Staying informed and compliant protects your investment, ensures tenant safety, and avoids legal disputes. Proactive adherence to all legal duties is crucial for responsible and successful property letting.

Legal requirements

• Confirm the property's status under mandatory HMO licensing rules if it houses five or more people from two or more households.
• Provide a valid gas safety record annually for any property with a gas installation.
• Ensure an Electrical Installation Condition Report (EICR) is in place, updated every five years.
• Provide a valid Energy Performance Certificate (EPC) to tenants at the outset of any new tenancy.
• Install working smoke alarms on every storey and a carbon monoxide alarm in any room with a fixed combustion appliance (excluding gas cookers).
• Protect tenancy deposits in a government-approved scheme and provide prescribed information to the tenant within 30 days.
• Provide tenants with a copy of the government's How to Rent guide and other required documents before the tenancy begins.
• Ensure the property meets the Homes (Fitness for Human Habitation) Act 2018 standards throughout the tenancy.
• Comply with all changes introduced by the Renters' Rights Act 2025, including new periodic tenancy structures and possession grounds.
• Adhere to property management regulations, ensuring repairs are carried out promptly and property conditions are maintained.

Common mistakes

• Failing to check for current mandatory, additional, or selective licensing schemes applicable to the specific property address.
• Not renewing gas safety certificates annually or EICRs every five years, leaving crucial safety documentation out of date.
• Failing to protect tenancy deposits in an approved scheme or neglecting to provide the required prescribed information to tenants.
• Not providing tenants with a valid EPC, the How to Rent guide, or other statutory documents at the correct time.
• Incorrectly serving notices or failing to follow new possession grounds and procedures under the Renters' Rights Act 2025.
• Ignoring tenant requests for repairs or allowing the property to fall below the standard of fitness for human habitation.
• Charging prohibited fees to tenants, which is unlawful under the Tenant Fees Act 2019.
• Failing to install or maintain working smoke and carbon monoxide alarms in the property.

Practical guidance

• Begin by checking Cherwell Council's official website for the most up-to-date information on any current licensing schemes that might apply to your property.
• Familiarise yourself thoroughly with the full implications of the Renters' Rights Act 2025, particularly regarding tenancy types, possession grounds, and rent review procedures.
• Establish a robust system for tracking and renewing all mandatory safety certificates, including gas safety, electrical, and EPCs.
• Implement a clear process for protecting tenant deposits within 30 days and issuing all necessary prescribed information.
• Create a checklist of all documents required to be served to tenants before a tenancy commences, ensuring nothing is missed.
• Conduct regular property inspections, with proper notice, to identify and address maintenance issues promptly, ensuring the property remains fit for habitation.
• Keep detailed records of all communications with tenants, maintenance requests, repairs undertaken, and safety checks completed.
• Seek professional legal advice if you are unsure about any aspect of property law or local council requirements.
• Ensure your tenancy agreements are updated to reflect the changes brought about by the Renters' Rights Act 2025.
• Join a reputable landlord association for ongoing support, advice, and updates on legislative changes.

Licensing Requirements in Cherwell Council

Landlords in the Cherwell Council area must understand local licensing requirements, which supplement national housing law. Mandatory HMO licensing applies nationally to properties let to five or more people forming two or more households who share facilities like a kitchen, bathroom, or toilet. These properties require a licence regardless of their location. Cherwell Council does not currently operate any additional licensing schemes, which could extend licensing to smaller HMOs, nor does it have any selective licensing schemes requiring a licence for all private rented homes in a designated area, including single-family lets. However, these schemes are periodically reviewed and introduced, so always confirm the current position for your specific property address directly with the council. Designations for such schemes run for up to five years and can be highly specific, sometimes covering only particular wards or even streets.

Safety and Compliance Standards for all Cherwell Properties

Regardless of any licensing requirements, all landlords in Cherwell Council must adhere to a comprehensive set of national safety and compliance standards. This includes ensuring an annual gas safety check is performed by a Gas Safe registered engineer for any property with a gas supply, and a valid gas safety record is provided to tenants. Electrical installations must be inspected and tested by a qualified person at least every five years, with a copy of the Electrical Installation Condition Report (EICR) given to tenants. A valid Energy Performance Certificate (EPC) must be provided to prospective tenants at the earliest opportunity and to the tenant at the start of their tenancy. Properties must have a smoke alarm on each storey and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers. These alarms must be checked at the start of each new tenancy and repaired or replaced if faulty during the tenancy. Landlords must also protect tenancy deposits in a government-approved scheme and provide prescribed information to tenants within 30 days. The property must also meet the standards of the Homes (Fitness for Human Habitation) Act 2018 throughout the tenancy, meaning it must be safe and free from serious hazards.

The Impact of the Renters' Rights Act 2025 in Cherwell

The Renters' Rights Act 2025 brings significant changes to the private rented sector, with its main provisions commencing in 2026. For landlords in Cherwell, this means the abolition of assured shorthold tenancies, which are replaced by periodic assured tenancies. This fundamental shift affects how tenancies are created and managed. Crucially, the Act abolishes the 'no-fault' eviction process under Section 21 of the Housing Act 1988, meaning landlords can only seek possession using specified grounds, which have been strengthened and expanded. Landlords must review and update their tenancy agreements, rent increase procedures, and record-keeping practices to align with the new legislation. Understanding the revised possession grounds and notice periods is paramount. It is vital to prepare for these changes well in advance of their commencement to ensure continued legal compliance and smooth tenancy management.

Application Processes and Fees for Cherwell Licensing

As Cherwell Council does not currently operate additional or selective licensing schemes, licence fees primarily relate to mandatory HMO licensing where applicable. Fees for mandatory HMO licences are set by the council and typically vary based on factors such as the number of bedrooms or the size of the HMO. The application process usually involves completing an online form, providing supporting documentation such as floor plans, gas safety certificates, EICRs, and fire risk assessments, and paying the required fee. Cherwell Council's official website provides detailed guidance and application portals for mandatory HMO licences. It is crucial to submit a complete and accurate application, as delays or errors can prolong the process. Landlords should also be aware that conditions may be attached to a granted licence, which must be strictly adhered to throughout its validity period, typically up to five years.

Regional Differences: Scotland, Wales, and Northern Ireland

While this guide focuses on Cherwell Council in England, it is important for landlords to recognise that property law differs significantly across the UK. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 introduced the Private Residential Tenancy (PRT), replacing assured and short assured tenancies. The PRT is an 'open-ended' tenancy, providing greater security for tenants, and 'no-fault' evictions are not permitted. In Wales, the Renting Homes (Wales) Act 2022 fundamentally reformed housing law, replacing all previous tenancy types with 'occupation contracts'. This legislation provides strong protections for contract-holders, including minimum notice periods for landlord's break clauses and a focus on keeping homes fit for human habitation. Northern Ireland operates under its own distinct housing legislation, including the Private Tenancies Act (Northern Ireland) 2022, which brought changes to notice periods, fitness standards, and the introduction of tenancy deposit protection rules, though it retains fixed-term tenancies. Landlords with properties outside England must consult the relevant devolved government's guidance.