Landlord guide: Dacorum Council

Why it matters

Non-compliance with local and national regulations can result in substantial fines, criminal prosecution, banning orders, and the inability to regain possession of your property. Understanding and proactively addressing these requirements ensures legal operation, protects your investment, and maintains good tenant relations. Staying informed about legislative changes, particularly the Renters' Rights Act 2025, is crucial to avoid costly mistakes and ensure your letting practices remain lawful.

Legal requirements

• Any HMO in Dacorum housing five or more individuals forming two or more households who share facilities must obtain a mandatory HMO licence.
• All tenancies must have a valid gas safety record issued annually by a Gas Safe registered engineer for any gas appliances or flues.
• An electrical installation condition report (EICR) must be obtained from a qualified person every five years, ensuring electrical safety.
• A current Energy Performance Certificate (EPC) must be provided to prospective tenants before marketing and to the tenant at the start of any new tenancy.
• Working smoke alarms must be installed on every storey of the property, and a carbon monoxide alarm must be fitted in any room with a fixed combustion appliance.
• Any tenant's deposit taken must be protected in one of the approved government schemes and the prescribed information issued to the tenant within 30 days.
• The tenant must be provided with the latest version of the How to Rent guide, the EPC, the EICR, and the gas safety record before the tenancy commences.
• Landlords must ensure the property meets the fitness for human habitation standards throughout the tenancy, addressing any hazards promptly.
• All landlords must comply with the provisions of the Renters' Rights Act 2025, including the new periodic tenancy structure and reformed possession grounds.
• Landlords must register with the new national landlord database introduced by the Renters' Rights Act 2025.

Common mistakes

• Failing to obtain a mandatory HMO licence for a qualifying property, leading to significant penalties.
• Not providing tenants with a valid gas safety record, EICR, or EPC before or at the start of their tenancy, which can invalidate certain possession claims.
• Incorrectly protecting a tenancy deposit or failing to serve the prescribed information within the statutory timeframe.
• Not installing or regularly checking smoke and carbon monoxide alarms, posing serious safety risks and compliance breaches.
• Assuming that Dacorum Council does not have any additional or selective licensing schemes, without checking updated council guidance.
• Continuing to use 'fixed term' terminology or expecting to rely on grounds for possession that have been abolished by the Renters' Rights Act 2025.
• Failing to address repairs or maintenance issues promptly, potentially leading to breaches of the Homes (Fitness for Human Habitation) Act 2018.
• Not correctly understanding and implementing the new rent review procedures under the Renters' Rights Act 2025.
• Charging prohibited fees to tenants, which is unlawful under the Tenant Fees Act 2019.

Practical guidance

• Regularly check the Dacorum Council website for any updates on licensing schemes, particularly concerning additional or selective licensing designations.
• Before marketing a property, ensure you have a valid EPC, EICR, and a gas safety certificate ready for prospective tenants and the new tenant's arrival.
• Install and regularly test smoke alarms on each storey and carbon monoxide alarms in all rooms with a fixed combustion appliance, maintaining records of checks.
• Ensure all tenancy deposits are protected within 30 days of receipt and that the prescribed information is accurately served to the tenant and any relevant person.
• Familiarise yourself thoroughly with the Renters' Rights Act 2025 to understand the new periodic tenancy model, the updated possession grounds, and the abolition of section 21.
• Review your existing tenancy agreements and processes to align them with the Renters' Rights Act 2025, especially regarding rent increases and ending a tenancy.
• Maintain clear and detailed records of all safety checks, maintenance, communications with tenants, and documents served, as this is crucial evidence if disputes arise.
• Consider professional accreditation or joining a reputable landlord association to stay informed about legislative changes and best practices.
• Register with the national landlord database as required by the Renters' Rights Act 2025 when it becomes operational.

Licensing Requirements in Dacorum Council

The primary licensing consideration for landlords in Dacorum Council is mandatory HMO licensing. This applies to properties rented out to five or more people forming two or more separate households, who share toilet, bathroom or kitchen facilities. If your property meets these criteria, you are legally required to obtain a licence from Dacorum Council. Operating an unlicensed mandatory HMO is a serious offence that can lead to significant financial penalties, including unlimited fines, and can impact your ability to serve a valid notice for possession. Currently, Dacorum Council does not operate any additional licensing schemes for smaller HMOs, which might apply to properties housing fewer than five tenants but still classified as HMOs, nor does it have any selective licensing schemes which target all private rented properties in specific areas. However, these designations can change, so it is vital for landlords to regularly check the official Dacorum Council website for any updates. If your property falls into one of these categories, you must submit an application and adhere to the specified conditions to avoid prosecution and ensure compliance.

Essential Safety and Compliance Documentation for Dacorum Properties

Regardless of whether your property requires a licence, all landlords in Dacorum must adhere to national safety and compliance regulations. This includes ensuring an annual gas safety record is obtained from a Gas Safe registered engineer for all gas appliances and flues. An Electrical Installation Condition Report (EICR) must be conducted by a qualified electrician at least every five years. You must also provide a current Energy Performance Certificate (EPC) to prospective tenants and to the tenant at the start of their tenancy. Furthermore, working smoke alarms must be installed on every floor of the property, and a carbon monoxide alarm must be fitted in any room containing a fixed combustion appliance, such as a boiler. These alarms must be tested at the start of each new tenancy. All tenant deposits must be protected within 30 days in one of the government-approved schemes, and the 'prescribed information' relating to the deposit must be issued to the tenant. Failure to comply with these requirements can lead to enforcement action, fines, and may affect your ability to serve valid notices for possession.

The Renters' Rights Act 2025 and its Impact on Dacorum Landlords

The Renters' Rights Act 2025 introduces fundamental changes to the private rented sector, significantly impacting landlords in Dacorum and across England. The Act abolishes the concept of fixed-term tenancies, replacing them with periodic assured tenancies from the outset. This means tenancies will automatically be periodic, providing tenants with greater security of tenure. Crucially, the Act abolishes 'no-fault' evictions under what was previously Section 21 of the Housing Act 1988. Landlords will now need to rely on specific, legally defined grounds for possession, which have been reformed and strengthened. These grounds include serious rent arrears, breach of tenancy terms, and the landlord's genuine intention to sell the property or move into it themselves. Landlords must familiarise themselves with these new grounds and the associated evidence requirements. The Act also establishes a national landlord database and an independent ombudsman for private landlords, offering clearer routes for redress for both parties. Reviewing your current tenancy agreements, notices, and record-keeping practices is essential to align with these new legal requirements before they commence in 2026.

Regional Variations: Scotland, Wales, and Northern Ireland

While this guide focuses on England and Dacorum Council specifically, it is important to note that property law is devolved in Scotland, Wales, and Northern Ireland, meaning different rules apply. In Scotland, the Private Residential Tenancy (PRT) was introduced in 2017, providing open-ended tenancies with different notice periods and grounds for possession. Wales operates under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' and significantly reformed notice periods and landlord obligations. Northern Ireland has its own distinct housing legislation, including specific requirements for tenancy agreements, deposit protection, and HMO licensing. Landlords with properties outside England must consult the relevant governmental guidance and legislation for those jurisdictions. For example, specific guidance is available for landlords in Cardiff, Liverpool, or Birmingham, but the rules described here are strictly for England. Never assume that the laws described here apply equally across all parts of the UK; always check the specific national and local regulations.