Landlord guide: Chorley Council

Why it matters

Non-compliance with housing regulations can lead to substantial fines, civil penalties, and even criminal prosecution, jeopardising your ability to let properties in the future. Furthermore, failure to adhere to the Renters' Rights Act 2025's new procedures for tenancy management and possession will invalidate notices, causing significant delays and costs. Proactive understanding and adherence to these rules safeguard your investment and reputation as a responsible landlord.

Legal requirements

• Obtain mandatory HMO licensing for properties with five or more tenants from two or more households sharing facilities.
• Provide an annual gas safety record for all gas appliances and flues in the property.
• Ensure an Electrical Installation Condition Report (EICR) is renewed at least every five years, or sooner if specified.
• Supply a valid Energy Performance Certificate (EPC) to tenants before they move in.
• Install and maintain working smoke alarms on every storey and a carbon monoxide alarm 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.
• Serve all prescribed information and required documents to the tenant before the tenancy commences.
• Ensure the property meets the 'fitness for human habitation' standards throughout the tenancy.
• Adhere to the new periodic tenancy structure and possession grounds introduced by the Renters' Rights Act 2025.
• Comply with local council waste disposal and property management standards.

Common mistakes

• Failing to obtain mandatory HMO licensing when required, leading to criminal prosecution and rent repayment orders.
• Neglecting to renew gas safety certificates or EICRs, which can result in serious safety hazards and legal penalties.
• Not providing tenants with a valid EPC, potentially invalidating a Section 21 notice, although this will be obsolete with the Renters' Rights Act 2025.
• Failing to protect a tenant's deposit in an approved scheme or serving the prescribed information late, which can result in significant financial penalties.
• Attempting to use the abolished Section 21 process for possession, causing delays and invalidating proceedings under the new Renters' Rights Act 2025.
• Not adequately installing or maintaining smoke and carbon monoxide alarms, posing risks to life and leading to fines.
• Assuming a property is exempt from licensing without checking the specific, up-to-date criteria on the Chorley Council website.
• Using outdated tenancy agreements or notices that do not reflect the provisions of the Renters' Rights Act 2025.
• Ignoring tenant requests for repairs or failing to meet 'fitness for human habitation' standards, leading to potential tenant claims and council enforcement.
• Not conducting right-to-rent checks or retaining the necessary documentation, which is a criminal offence.

Practical guidance

• Regularly review the Chorley Council website for updates on licensing schemes, fees, and local housing policies.
• Engage a qualified professional to conduct annual gas safety checks and issue gas safety records.
• Schedule electrical inspections and obtain an EICR every five years, keeping accurate records of all works.
• Obtain a valid EPC for your property before advertising and provide a copy to prospective tenants.
• Install and test smoke alarms on each storey and carbon monoxide alarms in rooms with solid fuel appliances or gas boilers, testing them at the start of each new tenancy.
• Always protect tenant deposits in one of the three government-approved schemes and issue the prescribed information within 30 days.
• Familiarise yourself with the Renters' Rights Act 2025, understanding the new periodic tenancy structure and the updated grounds for possession.
• Ensure all tenancy agreements, notices, and procedures are updated to reflect the legal framework in force from 2026.
• Maintain thorough records of all safety certificates, tenant communications, deposit protection, and maintenance activities.
• Consider professional landlord accreditation or joining a landlord association for ongoing support and up-to-date advice.

Licensing in Chorley Council

Understanding property licensing is a fundamental responsibility for landlords in the Chorley Council area. The primary licensing requirement is Mandatory HMO licensing, which applies universally across England and Wales. This scheme targets properties let to five or more people forming two or more separate households who share a kitchen, bathroom, or toilet facilities. If your property meets these criteria, you must obtain a licence from Chorley Council. Failure to do so is a criminal offence, carrying unlimited fines and potentially a rent repayment order. Chorley Council does not currently operate Additional Licensing, which would extend licensing to smaller HMOs not covered by the mandatory scheme, nor does it have any Selective Licensing schemes in place, which could cover all private rented properties in designated areas. However, these schemes can be introduced at any time, so regular checks of the council's official housing pages are crucial to ensure ongoing compliance.

Safety and Compliance Obligations

Beyond licensing, landlords in Chorley must adhere to a strict set of safety and compliance regulations. A valid Gas Safety Record must be obtained annually for any property with gas appliances, issued by a Gas Safe registered engineer. Electrical safety is paramount, requiring an Electrical Installation Condition Report (EICR) every five years, conducted by a qualified electrician. Furthermore, every property requires an Energy Performance Certificate (EPC) before being marketed to let. Working smoke alarms must be installed on every storey of the property, and carbon monoxide alarms are legally required in any room containing a fixed combustion appliance, such as a boiler or solid fuel burner. The Homes (Fitness for Human Habitation) Act 2018 also mandates that properties are fit for human habitation throughout the tenancy. Additionally, all tenant deposits must be protected in a government-approved scheme, and the prescribed information given to the tenant within 30 days.

The Renters' Rights Act 2025: Key Changes

The Renters' Rights Act 2025 represents a significant overhaul of tenancy law, with its main provisions commencing in 2026. This landmark legislation abolishes the assured shorthold tenancy, replacing it with a system of periodic assured tenancies. This means all new tenancies will be periodic from day one, and existing tenancies will convert at a specified point. Crucially, Section 21 'no-fault' evictions are abolished, compelling landlords to rely on specific, strengthened grounds for possession. These grounds include new criteria for anti-social behaviour, rent arrears, and landlord's or family's intention to move into the property. Landlords must update their tenancy agreements, notice procedures, and record-keeping practices to align with these new requirements. Understanding these changes is vital for landlords in Chorley to manage tenancies effectively and legally seek possession when necessary, avoiding costly mistakes and delays.

Tenancy Deposits and Other Fees

The Tenant Fees Act 2019 strictly regulates what fees landlords and letting agents can charge tenants. This includes a cap on tenancy security deposits, typically five weeks' rent if the annual rent is less than £50,000, or six weeks' rent if it is £50,000 or more. Holding deposits are capped at one week's rent. Any prohibited fees are illegal, and landlords cannot charge for viewings, inventories, or professional cleaning at the end of the tenancy, for instance. Once a deposit is received, it must be protected within 30 days in one of the three government-approved schemes: Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme. Alongside protecting the deposit, the landlord must provide the tenant with the 'prescribed information' about the scheme. Failure to comply can result in financial penalties and severely impact a landlord's ability to regain possession of their property.

Devolved Administrations: Scotland, Wales, and Northern Ireland

It is important for landlords to recognise that housing law differs significantly across the UK's devolved administrations. While this guide focuses on England and specifically Chorley Council, landlords with properties in Scotland, Wales, or Northern Ireland must adhere to entirely different legislative frameworks. For example, in Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering different eviction rules and tenancy structures. Wales has the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' and made significant changes to notice periods and fitness for human habitation. Northern Ireland operates under its own distinct set of housing legislation. Landlords should consult specific guidance for these regions, such as our Landlord guide to letting in Cardiff for Welsh properties, to ensure full compliance with the relevant local laws.