Landlord guide: East Devon Council

Why it matters

Non-compliance with local licensing or national regulations can lead to substantial fines, civil penalties, and even criminal prosecution, alongside restrictions on regaining possession of your property. Failing to meet standards can also jeopardise your ability to secure appropriate landlord insurance and damage your reputation. Adhering to all requirements protects both you and your tenants, fostering good landlord-tenant relationships and providing greater operational security.

Legal requirements

• Obtain a mandatory HMO licence if your property is let to five or more people forming two or more households who share facilities.
• Check for and comply with any additional or selective licensing schemes that may apply to your property's location.
• Ensure an annual Gas Safety Certificate is in place for all gas appliances, provided by a Gas Safe registered engineer.
• Hold a valid Electrical Installation Condition Report (EICR) every five years, with any remedial works completed promptly.
• Provide tenants with a valid Energy Performance Certificate (EPC) at the start of the tenancy, meeting the minimum energy efficiency standard.
• Install working smoke alarms on every storey and carbon monoxide alarms 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 all required prescribed documents to the tenant before the tenancy commences, including the How to Rent Guide.
• Ensure the property meets the 'Fitness for Human Habitation' standards throughout the tenancy.
• Comply with the latest provisions of the Renters' Rights Act 2025 regarding tenancy agreements and possession processes.

Common mistakes

• Failing to check for local licensing requirements, assuming only mandatory HMO rules apply.
• Not renewing mandatory HMO, additional, or selective licences promptly, resulting in properties being unlicensed.
• Overlooking the need for regular electrical safety checks, assuming gas safety is the only requirement.
• Serving incorrect or invalid notices for possession due to outdated procedures following the Renters' Rights Act 2025.
• Failing to adequately protect the tenancy deposit or provide the prescribed information to tenants on time.
• Not understanding the new grounds for possession or the changes to rent review procedures under the new legislation.
• Delaying necessary repairs or maintenance, which can lead to formal enforcement action or tenant compensation claims.
• Not providing tenants with the latest 'How to Rent' guide, EPC, or Gas Safety Certificate at the start of the tenancy.

Practical guidance

• Visit the East Devon Council website regularly to check for current and upcoming licensing designations affecting your property.
• Maintain a comprehensive record of all safety certificates, tenant communications, and property inspections.
• Familiarise yourself with the Renters' Rights Act 2025, specifically the new tenancy agreement structure and possession grounds.
• Use a reputable letting agent or seek legal advice to ensure all tenancy agreements and notices are compliant with current law.
• Arrange annual gas safety checks well in advance of their expiry date to avoid lapses in compliance.
• Schedule electrical safety checks every five years and ensure any identified 'C1' or 'C2' defects are rectified immediately.
• Ensure all tenancy deposits are placed in an approved scheme and the prescribed information is served within 30 days.
• Conduct regular property inspections to identify maintenance issues early and ensure tenant compliance with tenancy terms.
• Keep abreast of changes in Minimum Energy Efficiency Standards (MEES) to ensure your property remains compliant.
• Respond promptly and professionally to tenant repair requests to maintain habitable living conditions.

Local Licensing Requirements in East Devon Council

East Devon Council, like many local authorities, has powers to implement various licensing schemes beyond the national mandatory HMO licensing. It is critical for landlords to determine which, if any, apply to their specific property. Mandatory HMO licensing applies nationally to properties occupied by five or more people forming two or more separate households who share basic amenities like a kitchen, bathroom, or toilet. Properties meeting these criteria must be licensed regardless of their location. Beyond this, East Devon Council may designate areas for additional licensing, extending requirements to smaller HMOs, such as those with three or four occupants from two or more households. Furthermore, selective licensing schemes can be introduced in specific wards or streets, requiring all private rented properties within that area to be licensed, including those let to single families. These designations are typically for up to five years and are subject to public consultation. Landlords must check the official East Devon Council website for current designations and proposed schemes before letting or advertising a property. Failure to license a property that requires one can result in unlimited fines, civil penalties of up to £30,000, and a restriction on serving possession notices.

Safety and Property Standards: East Devon

All landlords in East Devon, regardless of local licensing, must adhere to stringent national safety and property standards. Gas safety is paramount, requiring an annual check by a Gas Safe registered engineer, with a copy of the certificate provided to the tenant. Electrical safety mandates an Electrical Installation Condition Report (EICR) every five years, completed by a qualified electrician, with any C1 or C2 defects rectified promptly. Properties must achieve a minimum Energy Performance Certificate (EPC) rating for new tenancies and comply with smoke and carbon monoxide alarm regulations. Smoke alarms must be fitted on every storey used as living accommodation, and carbon monoxide alarms in any room containing a fixed combustion appliance, excluding gas cookers. The Homes (Fitness for Human Habitation) Act 2018 ensures that properties must be fit for human habitation at the start of and throughout the tenancy. East Devon Council has powers to inspect properties and enforce these standards, issuing improvement notices or taking emergency action where necessary. Non-compliance risks significant fines and criminal prosecution. For specific guidance on these requirements, landlords can consult resources such as the 'Landlord guide to letting in Liverpool' or 'Landlord guide to letting in Birmingham' which cover similar national safety obligations.

The Renters' Rights Act 2025 and its Impact

The Renters' Rights Act 2025, with its main provisions commencing in 2026, fundamentally changes the landscape of private renting across England, including East Devon. The Act abolishes assured shorthold tenancies, replacing them with a single system of periodic assured tenancies. This means all tenancies will roll on a monthly basis from the start, providing tenants with greater security of tenure. Crucially, the Act abolishes 'no-fault' Section 21 evictions. Landlords will now only be able to regain possession of their property using specific, legally defined grounds, such as rent arrears, tenant breaches of tenancy, or if they genuinely intend to sell the property or move into it themselves. These new possession grounds are mandatory or discretionary, each with specific criteria and notice periods. The Act also introduces a new Private Rented Sector Ombudsman to handle tenant and landlord disputes and a national landlord register. Landlords in East Devon must review their tenancy agreements, notice procedures, and record-keeping practices to align with these significant legislative changes to avoid invalid possession claims and potential penalties. Understanding the new rent review process, which will only allow increases once a year, is also essential.

Devolved Nations: Differences in Scotland, Wales, and Northern Ireland

While this guide focuses on East Devon Council in England, it is crucial for landlords with properties elsewhere in the UK to understand that housing law is devolved. Scotland, Wales, and Northern Ireland each have distinct legal frameworks for private rented housing. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering greater security for tenants and largely abolishing 'no-fault' evictions. Wales introduced the Renting Homes (Wales) Act 2022, which came into force in December 2022, replacing various tenancy types with 'occupation contracts' and changing possession rules. Northern Ireland operates under its own distinct private rented sector legislation, including specific provisions for tenancy deposit protection and fitness for habitation. Landlords operating in these regions must consult the relevant government guidance and local council information for their specific location. For example, landlords in Cardiff will need to adhere to Welsh housing law, which differs significantly from the legislation applicable in East Devon. Always verify the specific rules that apply to your property's geographical location within the UK.