Landlord guide: East Hertfordshire Council

Why it matters

Non-compliance with local licensing or national housing legislation can result in substantial fines, prohibition orders, and even criminal prosecution, alongside difficulties recovering possession of a property. Failing to meet statutory safety obligations risks tenant injury or death, leading to severe legal and financial repercussions, including potential custodial sentences. Ensuring full compliance protects your investment and maintains your reputation as a responsible landlord.

Legal requirements

• All landlords must ensure their rental property holds a valid Energy Performance Certificate (EPC) with a minimum rating, unless exempt.
• A Gas Safety Record, issued annually by a Gas Safe registered engineer, must be provided for all gas appliances and flues in the property.
• An Electrical Installation Condition Report (EICR) must be obtained from a qualified electrician every five years, with a copy provided to tenants.
• Working smoke alarms must be installed on each storey of the property, and carbon monoxide alarms in any room with a fixed combustion appliance, excluding gas cookers.
• Any tenant's security deposit must be protected in a government-approved scheme and the prescribed information served within 30 days.
• The property must be fit for human habitation throughout the tenancy, meeting the standards set out in the Homes (Fitness for Human Habitation) Act 2018.
• Landlords must provide tenants with the 'How to Rent' guide, the EPC, the Gas Safety Record, and the EICR before the tenancy commences.
• Any property falling under a mandatory, additional, or selective licensing scheme must hold a valid licence issued by East Hertfordshire Council.
• All new tenancies from 2026 will be periodic assured tenancies, with landlords required to follow the new possession grounds and procedures.
• Any fees charged to tenants must strictly comply with the Tenant Fees Act 2019, which bans most tenant fees and caps security deposits and holding deposits.

Common mistakes

• Failing to check for local licensing schemes before letting a property, particularly for smaller HMOs or single-family lets.
• Not providing tenants with all required statutory documents, such as the EPC, Gas Safety Certificate, and EICR, before the tenancy starts.
• Incorrectly serving the prescribed information for a protected tenancy deposit, making it difficult to claim deductions at the tenancy's end.
• Delaying essential repairs, leading to the property becoming unfit for human habitation or causing a breach of the tenancy agreement.
• Attempting to evict a tenant without following the correct legal process, which can result in unlawful eviction charges and significant penalties.
• Not installing or regularly checking smoke and carbon monoxide alarms, jeopardising tenant safety and violating safety regulations.
• Misunderstanding the new possession grounds under the Renters' Rights Act 2025 and attempting to use abolished procedures.
• Charging prohibited fees to tenants, which can lead to fines and the requirement to repay the charges.
• Failing to renew an HMO or selective licence before it expires, risking continuation of the offence of operating without a licence.

Practical guidance

• Confirm the exact address against East Hertfordshire Council's website for any current mandatory, additional, or selective licensing schemes.
• Obtain an Energy Performance Certificate (EPC) for the property, ensuring it meets the minimum rating requirement, or confirm an exemption.
• Arrange for a Gas Safe registered engineer to conduct an annual gas safety check and provide a record.
• Schedule a qualified electrician to perform an Electrical Installation Condition Report (EICR) every five years.
• Install working smoke alarms on every storey and carbon monoxide alarms in rooms with solid fuel burning appliances, and test them regularly.
• Ensure all tenancy deposits are protected in a government-approved scheme within 30 days of receipt and the prescribed information is issued to tenants.
• Prepare all statutory documents, including the 'How to Rent' guide, EPC, Gas Safety Record, and EICR, to be given to tenants before their tenancy begins.
• Familiarise yourself with the Renters' Rights Act 2025, specifically the new periodic assured tenancy structure and updated possession grounds.
• Maintain thorough records of all safety checks, certificates, tenancy agreements, and communications with tenants.
• Regularly review East Hertfordshire Council's housing policies and national legislation to stay updated on any changes affecting landlords.

Licensing Requirements in East Hertfordshire Council

East Hertfordshire Council operates various licensing schemes that landlords must comply with, in addition to national housing legislation. Mandatory HMO licensing applies to any house in multiple occupation occupied by five or more persons forming two or more households, who share amenities like a kitchen or bathroom, regardless of the number of storeys. The council also has the power to introduce additional licensing for smaller HMOs, or selective licensing for all private rented properties in specific areas, including those let to single families. These designations are typically for a period of up to five years and can be ward or street-specific. It is crucial for landlords to verify the current licensing status for their exact property address on the council's official website. Operating a licensable property without a valid licence is a serious offence that can lead to significant fines and penalties, including a Banning Order for serious repeat offenders, which prevents the landlord from letting properties in England for a specified period.

The Renters' Rights Act 2025 and Its Local Impact

The Renters' Rights Act 2025, with its main provisions commencing in 2026, fundamentally alters the landscape for landlords across England, including in East Hertfordshire. The Act abolishes assured shorthold tenancies, replacing them with periodic assured tenancies. This means all new tenancies will be periodic from the start, and existing assured shorthold tenancies will automatically convert to periodic assured tenancies upon renewal or when the fixed term expires. A key change is the abolition of 'no-fault' Section 21 evictions. Landlords must now rely on specific, legally defined possession grounds, which are either mandatory or discretionary. East Hertfordshire Council landlords must therefore review their current tenancy agreements, understanding of notice periods, and record-keeping practices to align with these new requirements. The Act also introduces a national private rented property ombudsman and a landlord register, enhancing accountability and transparency within the sector, which landlords in East Hertfordshire will need to engage with.

Essential Safety and Compliance Checks

Regardless of local licensing, all rental properties in East Hertfordshire must adhere to national safety standards. A valid Gas Safety Record, issued by a Gas Safe registered engineer, is required annually for properties with gas installations, and a copy must be provided to the tenant within 28 days of the check or before they move in. An Electrical Installation Condition Report (EICR) must be obtained from a qualified electrician every five years, with a copy supplied to existing tenants within 28 days and to new tenants before they occupy the property. Working smoke alarms must be fitted on every storey of the property, and carbon monoxide alarms must be present in any room with a fixed combustion appliance, excluding gas cookers. These alarms must be tested at the start of each new tenancy. Furthermore, landlords must ensure the property is fit for human habitation throughout the tenancy, addressing any hazards promptly.

Deposit Protection, Prescribed Information, and Tenant Fees

Protecting a tenant's security deposit is a statutory requirement for all assured tenancies in East Hertfordshire and across England. The deposit must be placed in one of three government-approved schemes within 30 days of receipt. Crucially, alongside protecting the deposit, landlords must also provide the tenant with specific 'prescribed information' about the scheme within the same 30-day timeframe. Failure to protect the deposit or serve the prescribed information correctly can lead to significant penalties, including an order to repay up to three times the deposit amount, and can prevent a landlord from serving a valid notice to regain possession. The Tenant Fees Act 2019 prohibits most letting fees charged to tenants, limiting what can be requested to rent, a refundable tenancy deposit, a refundable holding deposit (capped at one week's rent), and specific default fees for late rent or lost keys. Landlords should ensure all charging practices comply with this legislation.

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

The legal framework for landlords differs significantly across the UK's devolved nations. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering open-ended tenancies with different notice procedures. Scottish landlords must register with their local authority. In Wales, the Renting Homes (Wales) Act 2022 replaced all previous tenancy types with 'occupation contracts', granting extensive rights to contract-holders and introducing distinct notice periods and fitness for human habitation standards. Landlords in Wales must also be registered and licensed with Rent Smart Wales. In Northern Ireland, private tenancy laws are governed by the Private Tenancies (Northern Ireland) Order 2006, which provides for fixed-term and periodic tenancies, and there are specific requirements for tenancy deposit protection and energy performance. Landlords operating in these regions must consult the specific legislation and guidance applicable to Scotland, Wales, or Northern Ireland respectively, as the rules for East Hertfordshire Council and England do not apply.