Landlord guide: Epsom and Ewell Council

Why it matters

Non-compliance with housing regulations or local council requirements can lead to substantial fines, legal action, and even a ban from letting properties. Failing to secure the correct HMO licence can result in unlimited fines and impact a landlord's ability to recover possession of their property. Understanding and proactively adapting to the changes introduced by the Renters' Rights Act 2025 is crucial for all landlords to maintain legal and compliant tenancies and avoid costly disputes.

Legal requirements

• Ensure all properties let to five or more people from two or more households have a mandatory HMO licence from Epsom and Ewell Council.
• Provide a valid Energy Performance Certificate (EPC) with a minimum rating of E to prospective tenants.
• Furnish tenants with a current gas safety record annually for any property with a gas supply.
• Obtain an Electrical Installation Condition Report (EICR) every five years and provide it to tenants.
• Install working smoke alarms on each storey of the property and a carbon monoxide alarm in any room with a fixed combustion appliance.
• Protect all tenant deposits in an approved government scheme and provide prescribed information within 30 days of receipt.
• Issue the 'How to Rent' guide to tenants at the start of any new tenancy.
• Adhere to the new periodic assured tenancy regime and grounds for possession introduced by the Renters' Rights Act 2025.
• Ensure all repairs are carried out promptly to maintain the property's fitness for human habitation.
• Register with the national landlord database, once it is operational, as required by the Renters' Rights Act 2025.

Common mistakes

• Failing to understand the full scope of mandatory HMO licensing and operating an unlicensed HMO.
• Neglecting to provide all required statutory documents to tenants at the commencement of a tenancy, which can invalidate certain possession claims.
• Not adequately protecting a tenant's deposit or failing to issue the prescribed information within the strict legal timeframe.
• Delaying essential repairs, leading to property disrepair and potential legal challenges under the Homes (Fitness for Human Habitation) Act 2018.
• Attempting to use an abolished Section 21 notice for possession after the commencement of the Renters' Rights Act 2025.
• Incorrectly calculating permitted rent increases under the new Renters' Rights Act 2025 rules, leading to disputes.
• Not conducting regular property inspections or maintaining adequate records of safety checks and repairs.
• Failing to verify a tenant's right to rent, which is a legal requirement for all landlords in England.

Practical guidance

• Regularly check the Epsom and Ewell Council website for updates on local licensing schemes and housing regulations.
• Proactively apply for or renew mandatory HMO licences well in advance of their expiry or before letting an HMO.
• Establish a robust system for managing and tracking all safety certificates, including EPC, Gas Safety Record, and EICR dates.
• Ensure you have a clear process for protecting tenant deposits and issuing the legally required prescribed information promptly.
• Familiarise yourself with the Renters' Rights Act 2025, particularly the new periodic assured tenancy terms and grounds for possession.
• Communicate clearly and professionally with tenants regarding property maintenance, repairs, and rent adjustments.
• Maintain comprehensive records of all tenancy agreements, safety certificates, communications, and repair works.
• Seek professional legal advice if you are unsure about any aspect of your landlord obligations or a specific tenancy issue.
• Obtain appropriate landlord insurance to protect your property and liabilities.
• Join a reputable landlord association to stay informed about legislative changes and best practices.

Licensing Requirements in Epsom and Ewell Council

Epsom and Ewell Council enforces mandatory licensing for Houses in Multiple Occupation (HMOs) where they are occupied by five or more people forming two or more separate households who share facilities such as a kitchen, bathroom, or toilet. This national requirement applies across England, including in Epsom and Ewell. All properties meeting this definition must hold a valid licence issued by the council. As of August 2026, Epsom and Ewell Council does not currently operate any 'additional licensing' schemes for smaller HMOs, nor does it have any 'selective licensing' schemes in force for single-family lets or other types of private rented homes. Landlords must verify the current position directly with the council, as these schemes can be introduced or varied. Operating an unlicensed mandatory HMO is a serious offence, potentially leading to substantial fines, rent repayment orders, and restrictions on serving possession notices. The council website provides details on how to apply for an HMO licence and the associated fees.

The Renters' Rights Act 2025 and its Impact

The Renters' Rights Act 2025 brings fundamental changes to the private rented sector, with its main provisions commencing in 2026. Crucially, the Act abolishes the concept of assured shorthold tenancies, replacing them with a new system of periodic assured tenancies. This means all new tenancies will be periodic from the outset, and existing assured shorthold tenancies will automatically convert to periodic assured tenancies upon reaching their end date. A major reform is the abolition of section 21 'no-fault' evictions. Landlords will now only be able to regain possession of their property using the updated and expanded grounds for possession, which are now all contained within Schedule 2 of the Housing Act 1988, as amended. These grounds include tenant breach of tenancy, rent arrears, and specific landlord circumstances such as wanting to sell the property or move back in. The Act also introduces a new national landlord database and an ombudsman scheme, providing tenants with a route for redress. Landlords in Epsom and Ewell should meticulously review their tenancy agreements, rent review clauses, and record-keeping practices to align with these new legal requirements. For example, the procedure for increasing rent has changed, requiring landlords to serve a 'rent review notice' and providing tenants with the right to challenge unreasonable increases at tribunal.

Essential Safety and Compliance Checks

Regardless of licensing status, all private rented properties in Epsom and Ewell must comply with strict safety regulations. Where a gas supply is present, a Gas Safety Record must be obtained annually from a Gas Safe registered engineer and provided to tenants. An Electrical Installation Condition Report (EICR) is required every five years, certifying the electrical safety of the property, and a copy must be supplied to tenants. Properties must also have a valid Energy Performance Certificate (EPC) with a minimum rating of E. Landlords must ensure working smoke alarms are installed on every storey of the property and a carbon monoxide alarm is fitted in any room with a fixed combustion appliance, such as a boiler. These alarms must be checked at the start of each new tenancy. It is imperative that landlords retain records of all safety certificates and checks, as these are frequently requested by the council and are essential evidence in any legal proceedings.

Deposit Protection and Prescribed Information

A crucial compliance point for landlords in Epsom and Ewell is the protection of tenant deposits. All deposits taken for assured tenancies must be placed into one of the three government-approved tenancy deposit protection schemes within 30 days of receipt: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). Alongside protecting the deposit, landlords must also provide specific 'prescribed information' to the tenant and any relevant person within the same 30-day timeframe. This information includes details of the scheme used, the amount of the deposit, the address of the property, and circumstances where the deposit can be withheld. Failure to comply with these requirements can result in significant financial penalties, which can be up to three times the value of the deposit, and can also prevent a landlord from serving a valid notice to regain possession of the property. Meticulous record-keeping of deposit protection and prescribed information delivery is paramount.

Geographical Variations: Scotland, Wales, and Northern Ireland

While this guide focuses on England and specifically Epsom and Ewell, it is important to note that landlord and tenant laws differ significantly across the UK. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 introduced the Private Residential Tenancy (PRT), replacing assured and short assured tenancies. Section 21 equivalent 'no-fault' evictions do not exist in Scotland. Wales operates under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' and significantly reformed tenancy types and possession procedures, including for 'no-fault' evictions. Northern Ireland has its own distinct housing legislation, including requirements for landlord registration, tenancy deposit schemes, and different rules regarding notice periods and possession. Landlords operating in these devolved nations must consult the specific legislation and guidance issued by the Scottish Government, Welsh Government, or Northern Ireland Executive respectively, as the rules outlined here for England will not apply. For example, refer to our pages for Landlord guide to letting in Cardiff for Welsh-specific rules or Landlord guide to letting in Liverpool for more on England.