Landlord guide: East Hampshire Council

Why it matters

Non-compliance with licensing rules can lead to substantial fines, rent repayment orders, and difficulties in regaining possession of a property, potentially costing tens of thousands of pounds. Failure to meet safety obligations can endanger tenants and result in criminal prosecution or civil liability. Additionally, inadequate record-keeping and a failure to understand the new possession grounds under the Renters' Rights Act 2025 will severely hamper a landlord's ability to manage their investments effectively. Proactive adherence protects your asset and ensures a smooth operational process.

Legal requirements

• Obtain a mandatory HMO licence if letting to five or more people forming two or more households who share facilities.
• Ensure a valid gas safety record is in place for any property with gas appliances, renewed annually by a Gas Safe registered engineer.
• Provide an Electrical Installation Condition Report (EICR) every five years, demonstrating the electrical system is safe for use.
• Supply an Energy Performance Certificate (EPC) with a minimum E rating, valid for ten years, before marketing the property.
• Install working smoke alarms on every storey of the property 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 and issue the prescribed information within the same timeframe.
• Serve all legally required documents, including the most recent 'How to Rent' guide and the EPC, before a tenancy begins.
• Adhere to all provisions of the Renters' Rights Act 2025 for all new and existing tenancies once commenced, including the new periodic assured tenancy framework.
• Register with the national landlord database and comply with any requirements from the new housing ombudsman once operational.
• Ensure all tenancy agreements reflect the abolition of fixed-term assured shorthold tenancies and the introduction of periodic assured tenancies.

Common mistakes

• Failing to realise a property has become a mandatory HMO due to changes in household composition, leading to unlicensed operation.
• Assuming a property is exempt from EPC requirements or not ensuring it meets the minimum energy efficiency standard of E.
• Neglecting to renew gas safety certificates or EICRs on time, making them invalid and exposing tenants to risk.
• Not serving the 'How to Rent' guide or prescribed information about deposit protection before or at the start of the tenancy, which can impact possession claims.
• Using outdated tenancy agreement templates that still refer to assured shorthold tenancies or fixed terms after the Renters' Rights Act 2025 comes into full effect.
• Attempting to evict tenants using 'no-fault' notices after the Renters' Rights Act 2025 abolishes them, resulting in unlawful eviction attempts.
• Not understanding the new grounds for possession under the Renters' Rights Act 2025, leading to incorrect notices and delays.
• Failing to install or maintain appropriate smoke and carbon monoxide alarms, jeopardising tenant safety and breaching regulations.
• Ignoring the requirement to register on the national landlord database once it is launched, incurring potential penalties.
• Incorrectly calculating notice periods for rent increases or possession, leading to invalid notices and disputes.

Practical guidance

• Check the East Hampshire Council website regularly for updates on licensing schemes to ensure your property remains compliant.
• Maintain a comprehensive 'compliance pack' for each property, containing all gas safety records, EICRs, EPCs, and tenancy documentation.
• Schedule all safety checks, such as gas safety certificates and EICRs, well in advance of their expiry dates to ensure continuous compliance.
• Ensure all deposit protection certificates and prescribed information are issued to tenants and any 'relevant person' within 30 days of receiving the deposit.
• Familiarise yourself with the Renters' Rights Act 2025's impact on tenancy agreements, possession grounds, and dispute resolution processes before 2026.
• Update your tenancy agreements to reflect the new periodic assured tenancy framework and the abolition of section 21, preparing for implementation.
• Keep detailed records of all communications with tenants, maintenance requests, and safety checks, as this evidence is crucial in potential disputes.
• Provide tenants with the most recent version of the 'How to Rent' guide at the outset of the tenancy and when updated.
• Budget for potential property improvements to ensure ongoing compliance with energy efficiency standards and other housing standards.
• Consider professional legal advice when drafting notices or considering possession proceedings, particularly given the changes introduced by the Renters' Rights Act 2025.

Property Licensing in East Hampshire Council

Property licensing in East Hampshire is primarily governed by mandatory HMO licensing. This applies to properties occupied by five or more people who form two or more separate households and share basic amenities such as a kitchen, bathroom, or toilet. These properties require a licence to ensure they meet certain safety and management standards. It is the landlord's responsibility to apply for this licence and to renew it before its expiry, typically every five years. The council does not currently operate additional licensing for smaller HMOs or selective licensing schemes, which would require all privately rented properties in designated areas, including single-family lets, to be licensed. However, licensing designations can change, so it is essential for landlords to regularly check the East Hampshire Council website for the latest information. Failure to obtain a required licence can result in severe penalties, including unlimited fines, a criminal record, and rent repayment orders compelling the landlord to repay up to 12 months' rent.

Essential Safety and Compliance Checks

Ensuring the safety of your tenants and the legality of your let in East Hampshire involves several critical compliance checks. Where gas is present, an annual gas safety record must be obtained from a Gas Safe registered engineer. For electrical safety, an Electrical Installation Condition Report (EICR) must be renewed every five years, confirming the installation is safe. All properties require an Energy Performance Certificate (EPC) with a minimum E rating, which must be valid before the property is marketed. Furthermore, smoke alarms must be installed on each storey of the property, and carbon monoxide alarms are required in any room containing a fixed combustion appliance, excluding gas cookers. Landlords must also ensure that all tenant deposits are protected in one of the three government-approved schemes within 30 days of receipt, and the prescribed information must be provided to the tenant within the same timeframe. Non-compliance with these regulations carries significant risks, including fines, prosecution, and the inability to issue certain possession notices.

The Renters' Rights Act 2025 and its Impact

The Renters' Rights Act 2025, with its main provisions commencing in 2026, heralds a profound shift in private renting across England and Wales. Notably, it abolishes fixed-term assured shorthold tenancies, replacing them with periodic assured tenancies. This means all new tenancies will be periodic from day one, and existing fixed-term tenancies will automatically convert to periodic when their current fixed term expires. Crucially, the Act abolishes 'no-fault' evictions under Section 21 of the Housing Act 1988, meaning landlords must now rely on specific, legitimate grounds for possession. These grounds have been reformed, with some strengthened and new ones introduced. Landlords in East Hampshire must review their tenancy agreements, notice procedures, and record-keeping practices to align with these new statutory requirements. The Act also introduces a national landlord database and a new housing ombudsman, expanding tenants' redress options and requiring landlords to register and adhere to new standards of conduct.

Regional Differences: Scotland, Wales, and Northern Ireland

While this guide focuses on England and East Hampshire, it is important for landlords with properties elsewhere in the UK to understand that housing laws differ significantly in Scotland, Wales, and Northern Ireland. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering open-ended tenancies with no fixed term. There is also a specific set of possession grounds and notice periods. Wales introduced the Renting Homes (Wales) Act 2022, which significantly reformed tenancy law, replacing various agreements with 'occupation contracts' and changing notice periods and grounds for possession. Northern Ireland operates under its own distinct housing legislation, including requirements for landlord registration and deposit protection, and maintains different possession procedures. Therefore, landlords operating outside of England should consult the specific governmental guidance for Scotland (gov.scot), Wales (gov.wales), or Northern Ireland (nidirect.gov.uk) to ensure full compliance for their properties in those jurisdictions. For example, specific licensing schemes, such as those in Wales (Rent Smart Wales) or Scotland (landlord registration), require distinct actions.

Preparing for the Future: National Database and Ombudsman

The Renters' Rights Act 2025 introduces two significant national infrastructures that will impact all landlords in East Hampshire and across England. A new national landlord database will require all landlords to register their properties, providing transparency and accountability. The exact details of this registration process and the information required will be published closer to its implementation. Alongside this, a new housing ombudsman will be established, offering a single point of redress for tenants facing issues with their landlords. This ombudsman will have powers to investigate complaints and compel landlords to take action or pay compensation. Landlords must understand that this increases the avenues for tenant complaints and the importance of maintaining good property standards and professional conduct. Proactive engagement with these new systems and adherence to their requirements will be essential for landlords to avoid potential sanctions and maintain good standing.