Landlord guide: East Staffordshire Council

Legal requirements

• Obtain an appropriate licence for your property if it falls under mandatory, additional, or selective licensing schemes in East Staffordshire.
• Ensure an in-date Gas Safety Record is issued annually for any gas appliances or flues in the property by a Gas Safe registered engineer.
• Provide a valid Electrical Installation Condition Report (EICR) every five years, or sooner if recommended, from a qualified person.
• Supply an Energy Performance Certificate (EPC) with a minimum E rating, unless exempt, to prospective tenants.
• Install working smoke alarms on every storey of the property and carbon monoxide alarms in any room with a fixed combustion appliance, excluding gas cookers.
• Protect any tenancy deposit received from a tenant in a government-approved scheme within 30 days of receipt.
• Serve the prescribed information relating to the protected deposit to the tenant and any relevant person within 30 days.
• Provide tenants with a valid copy of the How to Rent guide, the EPC, the Gas Safety Record, and the EICR before the tenancy commences.
• Ensure the property is free from serious hazards and fit for human habitation throughout the tenancy.
• Adhere to the new possession grounds and procedures introduced by the Renters' Rights Act 2025 for regaining possession.

Common mistakes

• Assuming a property is not an HMO or does not require a licence without checking East Staffordshire Council's specific designations.
• Failing to renew a property licence before its expiry, leading to the property being unlicenced.
• Not providing tenants with a copy of the Gas Safety Record before they move in or within 28 days of its renewal.
• Overlooking the requirement for a valid EICR every five years, or not rectifying C1, C2, or FI findings promptly.
• Failing to protect the tenancy deposit within 30 days or not serving the prescribed information correctly.
• Relying on outdated tenancy agreements or procedures, especially concerning the abolition of Section 21 by the Renters' Rights Act 2025.
• Not keeping detailed records of all compliance checks, certificates, and communications with tenants.
• Incorrectly attempting to increase rent without following the statutory notice periods and prescribed forms.
• Delaying necessary repairs and maintenance, leading to the property falling below fitness for human habitation standards.
• Neglecting to install or test smoke and carbon monoxide alarms regularly, or failing to replace them when faulty.

Practical guidance

• Check the East Staffordshire Council website for current licensing designations specific to the property's address before advertising for tenants.
• If a licence is required, apply for it well in advance, providing all necessary documentation and paying the relevant fee.
• Obtain an annual Gas Safety Record from a Gas Safe registered engineer and provide a copy to new tenants before they move in, and to existing tenants within 28 days of each annual check.
• Arrange for an Electrical Installation Condition Report (EICR) by a qualified person every five years, or sooner if recommended, addressing any urgent remedial works promptly.
• Ensure the property has an Energy Performance Certificate (EPC) with a minimum E rating, and provide it to prospective tenants at the earliest opportunity.
• Install mains-powered smoke alarms on every floor and carbon monoxide alarms in all rooms with a fixed combustion appliance, ensuring they are tested at the start of each new tenancy.
• Protect any tenancy deposit in one of the three government-approved schemes within 30 days of receipt and serve the prescribed information to the tenant and any relevant person.
• Provide new tenants with a copy of the most recent How to Rent guide, the EPC, the Gas Safety Record, and the EICR before or on the commencement of their tenancy.
• Familiarise yourself with the Renters' Rights Act 2025, particularly the new possession grounds and notice requirements, updating your tenancy agreements and procedures accordingly.
• Maintain thorough records of all safety certificates, property inspections, repair works, and communications with tenants for your compliance audit trail.

Licensing Requirements in East Staffordshire Council

East Staffordshire Council operates various property licensing schemes to ensure adequate management and safety standards in the private rented sector. It is crucial for landlords to determine which, if any, of these schemes apply to their specific property. Mandatory HMO licensing applies nationally to Houses in Multiple Occupation (HMOs) that are let to five or more people, forming two or more separate households, who share a kitchen, bathroom, or toilet facilities. These properties must meet minimum room size standards and other safety criteria. Additional licensing schemes can be implemented by councils to extend licensing requirements to smaller HMOs, for example, those occupied by three or four tenants. These designations are typically area-specific and have a lifespan of up to five years. Landlords must proactively check the council's website to see if their property's street or ward falls under such a scheme. Selective licensing schemes may require all privately rented properties within a designated area, including those let to single families, to be licensed. These schemes are introduced to address specific issues such as poor property conditions or anti-social behaviour in a particular locality. The council's website provides up-to-date information on any current or proposed selective licensing areas. Operating an unlicensed property where a licence is required is a criminal offence, potentially leading to an unlimited fine, a rent repayment order, or a ban from managing or owning rental properties.

Tenant Deposit Protection and Prescribed Information

Under the Housing Act 2004, all landlords in England and Wales who take a deposit for an assured tenancy must protect it in one of three government-approved tenancy deposit schemes: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). This must be done within 30 days of receiving the deposit. Crucially, within the same 30-day timeframe, landlords must also provide the tenant and any 'relevant person' who contributed to the deposit with specific 'prescribed information'. This information includes details of the scheme used, how to apply for the return of the deposit, and what to do if there is a dispute. Failure to protect the deposit and provide the prescribed information correctly has significant consequences. It can prevent a landlord from serving a valid possession notice under Section 8, and the courts can order the landlord to pay the tenant between one and three times the amount of the deposit as a penalty. This applies even if the deposit is eventually protected late. In Scotland, all tenancy deposits must be placed with an approved scheme, and information provided to the tenant, within 30 working days. In Northern Ireland, similar rules apply within 14 days of receiving the deposit.

Safety Regulations: Gas, Electrical, and Fire

Landlords have a legal obligation to ensure the safety of their tenants regarding gas, electrical, and fire hazards. For properties with gas installations, an annual gas safety check must be carried out by a Gas Safe registered engineer, and a copy of the Gas Safety Record provided to tenants within 28 days of the check, or before a new tenancy begins. Electrical safety standards require landlords to ensure that electrical installations in their properties are inspected and tested by a qualified person at least every five years. An Electrical Installation Condition Report (EICR) must be obtained, and a copy provided to existing tenants within 28 days of the inspection and to new tenants before they occupy the property. Any 'C1' or 'C2' defects identified must be remedied within 28 days, or sooner if specified. Regarding fire safety, landlords must install at least one smoke alarm on every storey of the property where there is a room used as living accommodation. Carbon monoxide alarms must also be installed in any room used as living accommodation which contains a fixed combustion appliance, excluding gas cookers. Landlords must ensure these alarms are in proper working order at the start of each new tenancy. These measures are designed to protect tenants and non-compliance can lead to severe penalties.

The Renters' Rights Act 2025 and Future Changes

The Renters' Rights Act 2025, with its main provisions commencing in 2026, represents a transformative overhaul of private renting in England. A key change is the abolition of assured shorthold tenancies, replacing them with a single system of periodic assured tenancies. This means all new tenancies will be periodic from day one, offering greater flexibility for tenants. Crucially, the Act also abolishes Section 21 'no-fault' evictions, meaning landlords will always need a legitimate, specified reason to regain possession of their property. The existing Section 8 grounds for possession have been reformed and expanded, introducing new mandatory and discretionary grounds. Landlords in East Staffordshire will need to familiarise themselves thoroughly with these updated grounds and the associated notice periods. Further provisions include the establishment of a new Private Rented Sector Ombudsman, which all landlords will be required to join. This will provide tenants with a redress route for complaints without recourse to the courts. A national landlord register is also being introduced, which will provide greater transparency and help local authorities monitor compliance. These changes necessitate a comprehensive review of all current landlord practices, tenancy agreements, and possession strategies to ensure full compliance when the Act comes into force.

Fitness for Human Habitation and Property Standards

The Homes (Fitness for Human Habitation) Act 2018 inserted new provisions into the Landlord and Tenant Act 1985, requiring landlords in England to ensure their rented properties are fit for human habitation at the start of the tenancy and remain so throughout. This means a property must be safe, healthy, and free from things that could cause serious harm. Factors that determine fitness for human habitation include hazards specified in the Housing Health and Safety Rating System (HHSRS), such as damp and mould, excessive cold, structural instability, fire safety risks, and inadequate ventilation or sanitation. If a property is found to be unfit, tenants have the right to take legal action against their landlord, potentially leading to a court order requiring the landlord to carry out necessary repairs or improvements, and awarding compensation to the tenant. Landlords in East Staffordshire Council must proactively assess their properties for potential hazards and carry out maintenance promptly to meet these standards. Regular inspections, coupled with a responsive approach to tenant repair requests, are essential for compliance. This also ties into local authority enforcement action under the Housing Act 2004, which can issue improvement notices or prohibition orders for serious hazards.