Landlord guide: Erewash Council

Why it matters

Non-compliance with licensing requirements can result in substantial fines, criminal prosecution, and rent repayment orders, severely impacting a landlord's financial viability and reputation. Failure to meet safety standards endangers tenants and can lead to severe penalties, including imprisonment in serious cases. The Renters' Rights Act 2025 introduces significant procedural changes that necessitate a thorough review of tenancy agreements and management practices to ensure legal possession and rent increases are handled correctly.

Legal requirements

• Obtain an HMO licence if your property qualifies under mandatory licensing rules, or any local additional or selective licensing schemes.
• Ensure all gas appliances and flues are safety checked annually by a Gas Safe registered engineer, with a valid record provided to tenants.
• Arrange for an Electrical Installation Condition Report (EICR) every five years by a qualified person, rectifying any C1 or C2 defects promptly.
• Provide tenants with a valid Energy Performance Certificate (EPC) at the outset of the tenancy, meeting current minimum efficiency standards.
• Install and maintain working smoke alarms on every storey and carbon monoxide alarms in any room with a fixed combustion appliance.
• Protect tenancy deposits in a government-approved scheme within 30 days and provide prescribed information to the tenant.
• Serve the How to Rent guide, EPC, gas safety record, and deposit prescribed information to tenants before the tenancy commences.
• Ensure the property meets the standards for fitness for human habitation throughout the tenancy.
• Provide a written tenancy agreement and register on the national landlord database when it becomes operational.
• Adhere to new grounds for possession and procedures for rent increases under the Renters' Rights Act 2025.

Common mistakes

• Failing to check for current local licensing designations, leading to operating an unlicensed property.
• Not providing tenants with all prescribed information and documents before or at the start of the tenancy, which can invalidate a Section 8 possession claim.
• Believing an EPC is only required for new tenancies, rather than ensuring it is valid and available at all times.
• Underestimating the importance of thorough tenant referencing and right to rent checks, exposing landlords to potential fines.
• Attempting to increase rent or seek possession without following the precise legal procedures mandated by the Renters' Rights Act 2025.
• Overlooking the requirements for maintaining fitness for human habitation, resulting in potential enforcement action by the council.
• Delaying necessary repairs or maintenance, which can breach tenancy agreements and lead to tenant complaints or claims.
• Not keeping detailed records of communications, safety certificates, and repair works, making it difficult to defend against future disputes.

Practical guidance

• Begin by checking Erewash Council's website for any current or proposed selective or additional licensing schemes applicable to your property's address.
• Familiarise yourself with the Renters' Rights Act 2025, specifically the new possession grounds and rent increase procedures, which commenced in 2026.
• Engage a Gas Safe registered engineer for annual gas safety checks and a qualified electrician for EICRs every five years.
• Ensure your property has a valid EPC and meets the minimum energy efficiency standard where required.
• Install and regularly test smoke alarms on each storey and carbon monoxide alarms in rooms with combustion appliances, as a legal requirement.
• Use a government-approved scheme to protect all tenancy deposits and provide tenants with the prescribed information promptly.
• Provide a comprehensive, written tenancy agreement for all new tenancies, reflecting the new assured tenancy framework.
• Keep meticulous records of all safety certificates, tenant communications, repair requests, and property inspections.
• Consider professional landlord accreditation schemes to demonstrate commitment to good practice and stay updated with legislative changes.
• Register yourself and your properties on the national landlord database once it is fully operational.

Licensing Requirements in Erewash Council

Landlords in Erewash Council must confirm whether their property requires a licence. Mandatory HMO licensing applies nationally to properties let to five or more people forming two or more households who share a kitchen, bathroom, or toilet facilities. Erewash Council currently states that it does not operate any additional licensing schemes for smaller HMOs, nor does it operate any selective licensing schemes for general private rented properties, including single family lets. However, licensing designations can change. They are typically reviewed every five years, and schemes can be implemented for specific wards or streets. It is vital for landlords to regularly check the official Erewash Council website for the latest information on licensing before advertising a property to let. Operating an unlicensed property where a licence is required is a criminal offence that carries severe penalties, including unlimited fines and rent repayment orders.

Safety and Compliance Obligations for Landlords in Erewash

All private rented properties in Erewash, regardless of whether they require a licence, must comply with a suite of national safety regulations. Landlords must ensure all gas appliances and flues are checked annually by a Gas Safe registered engineer, providing a copy of the Gas Safety Record to tenants. Electrical installations require an Electrical Installation Condition Report (EICR) every five years, carried out by a qualified person. A valid Energy Performance Certificate (EPC) must be provided to tenants, and the property must meet the minimum energy efficiency standard, unless an exemption applies. Working smoke alarms must be fitted on every storey of the property, and carbon monoxide alarms in any room with a fixed combustion appliance, excluding gas cookers. Failure to comply with these safety regulations can lead to substantial fines, prosecution, and invalidate insurance policies. It is also important that the property meets the Homes (Fitness for Human Habitation) Act 2018 standards throughout the tenancy, meaning it must be safe, healthy and free from hazards.

The Renters' Rights Act 2025 and its Impact on Erewash Landlords

The Renters' Rights Act 2025, with its main provisions commencing in 2026, has brought about transformative changes to the private rented sector across England. This legislation abolishes assured shorthold tenancies, replacing them with a new form of periodic assured tenancy. The 'no-fault' Section 21 eviction process has been removed, meaning landlords must now rely on specific, legally defined grounds for possession, typically found under a revised Section 8. The Act also introduces a national landlord database and ombudsman, which will significantly impact how landlord complaints are handled and compliance is monitored. Landlords in Erewash must meticulously review their existing practices, update tenancy agreements, and ensure all new procedures for possession and rent increases are strictly followed. Professional legal advice is strongly recommended to navigate these significant changes effectively and avoid legal challenges or delays.

Rent, Deposits, and Prescribed Information

For landlords in Erewash, protecting tenancy deposits and serving prescribed information correctly remain critical legal duties. All tenant deposits taken for assured tenancies must be protected in one of the government-approved schemes within 30 days of receipt. Crucially, the 'prescribed information' relating to the deposit protection must also be provided to the tenant within the same 30-day period. This includes details of the scheme, the landlord's contact information, and information about how to get the deposit back. Failure to comply can result in significant financial penalties, which can be up to three times the deposit amount, and can prevent a landlord from being able to seek possession of the property. Additionally, the landlord must provide the tenant with a current copy of the 'How to Rent' guide at the start of the tenancy and when it is updated, alongside the valid EPC and gas safety record. Rent increases must now strictly adhere to the new procedures outlined in the Renters' Rights Act 2025, typically requiring notice and allowing the tenant to challenge the increase.

Devolved Administrations: Scotland, Wales, and Northern Ireland

While this guide focuses on England and the Erewash Council area, it is important to note that property law is largely devolved. Landlords operating in Scotland, Wales, or Northern Ireland face distinct regulatory frameworks. Scotland has the Private Residential Tenancy (PRT), which replaced assured and assured shorthold tenancies in 2017, offering different rules on notice periods, rent increases, and grounds for possession. Wales operates under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' and significantly altered possession procedures, notice periods, and landlord obligations. Northern Ireland has its own housing legislation, which also differs from England's, including specific tenancy agreements and eviction rules. Landlords with properties in these devolved nations should consult the relevant government guidance and local council resources for precise legal obligations, as regulations can vary substantially from those in England.