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Landlord guide: Harborough Council

This comprehensive guide covers all essential legal requirements for landlords operating within the Harborough Council area, including licensing, safety, and compliance with the Renters' Rights Act 2025. Ensure your prop

Overview

If you let a private rented property within the Harborough Council area, you must comply with a range of specific local and national regulations. This includes understanding the local licensing schemes, such as mandatory HMO, additional, or selective licensing, which can apply to different types of properties or areas. National legislation, particularly the Renters' Rights Act 2025, also brings significant changes to tenancy agreements and possession procedures from 2026. Careful attention to these requirements is crucial for lawful operation.

Why it matters

Non-compliance with Harborough Council's licensing schemes or national housing laws can lead to substantial financial penalties, including unlimited fines, rent repayment orders, and restrictions on your ability to regain possession of your property. Breaching safety regulations also carries severe consequences, potentially endangering tenants and resulting in criminal prosecution. Adhering to these regulations protects your investment, your tenants, and ensures you operate legally and ethically within the private rented sector.

Legal requirements

  • You must ascertain if your property requires a licence under mandatory HMO, additional, or selective licensing schemes administered by Harborough Council.
  • All tenancies created from 2026 will be periodic assured tenancies, with specific requirements for their creation and management.
  • You must ensure that all gas appliances and flues are safely installed and maintained by a Gas Safe registered engineer, with an annual gas safety record provided to tenants.
  • An Electrical Installation Condition Report (EICR) must be obtained from a qualified person every five years and provided to tenants.
  • A valid Energy Performance Certificate (EPC) must be provided to prospective tenants before marketing and to the successful tenant at the start of the tenancy.
  • Working smoke alarms must be installed on every storey used as living accommodation, and a carbon monoxide alarm in any room used as living accommodation where there is a fixed combustion appliance.
  • Any tenancy deposit taken must be protected in a government-approved scheme within 30 days and prescribed information issued to the tenant.
  • You must provide specific prescribed documents to your tenant before or at the start of the tenancy, including the How to Rent Guide, the EPC, the EICR, and the gas safety certificate.
  • From 2026, landlords must comply with new rules regarding possession, notice periods, and a national landlord ombudsman scheme.
  • The property must meet the standards for fitness for human habitation throughout the tenancy.

Common mistakes

  • Landlords often fail to verify if their property falls under Harborough Council's additional or selective licensing schemes, leading to unlicensed operation.
  • Not providing tenants with a valid gas safety record, EICR, or EPC at the start of the tenancy, or failing to renew them when required, is a frequent oversight.
  • Many landlords fail to protect the tenancy deposit within 30 days or neglect to serve the prescribed information correctly, jeopardising their ability to serve a valid possession notice.
  • Incorrectly understanding the changes introduced by the Renters' Rights Act 2025 regarding tenancy types, possession grounds, and notice periods can lead to unlawful actions.
  • Failing to install or maintain working smoke and carbon monoxide alarms puts tenants at risk and breaches safety regulations.
  • Not conducting proper right-to-rent checks on all adult occupiers can result in significant civil penalties.
  • Some landlords do not address maintenance issues promptly, potentially breaching the fitness for human habitation requirements.
  • Trying to evict a tenant without following the correct legal process, particularly after the abolition of 'no-fault' evictions, is a common and serious error.

Practical guidance

  • First, check Harborough Council's official website to determine if your property requires a licence under any of their schemes: mandatory HMO, additional, or selective licensing.
  • Ensure your property meets all health and safety requirements, including current gas safety, electrical safety, and fire safety standards, before advertising the property.
  • Obtain an Energy Performance Certificate (EPC) with a minimum rating of E, and provide it to prospective tenants and the successful tenant.
  • Prepare all necessary prescribed documents: the current 'How to Rent' guide, the EPC, the EICR, and the gas safety certificate (if applicable).
  • Conduct thorough right-to-rent checks on all adult occupants before granting a tenancy.
  • Use a comprehensive tenancy agreement that reflects the periodic assured tenancy framework introduced by the Renters' Rights Act 2025.
  • Secure the tenancy deposit in a government-approved scheme and serve the prescribed information to the tenant within 30 days of receipt.
  • Maintain clear and accurate records of all communications, inspections, safety certificates, and repairs throughout the tenancy.
  • Familiarise yourself with the updated grounds for possession and the new notice periods under the Renters' Rights Act 2025, which will be in force from 2026.
  • Register with the new national landlord database and understand the role of the national landlord ombudsman when these provisions commence.

Councils covered

Frequently asked questions

What is the difference between mandatory, additional, and selective licensing in Harborough Council?

Mandatory HMO licensing applies nationwide to larger homes occupied by five or more people forming two or more households who share facilities. Additional HMO licensing in Harborough, if designated, extends licensing to smaller HMOs, typically those with three or four occupants. Selective licensing, if implemented in specific Harborough wards or streets, requires a licence for all private rented properties in that area, including single-family homes. You must check Harborough Council's current designations as these schemes can change.

How does the Renters' Rights Act 2025 impact landlords in Harborough?

From 2026, the Act abolishes fixed-term tenancies, meaning all new agreements will be periodic assured tenancies from the outset. This means tenants can give two months' notice to leave at any point. Section 21 'no-fault' evictions are also abolished, requiring landlords to rely on specific, updated grounds for possession. Landlords will need to register on a new national database and adhere to an ombudsman scheme. These changes require a comprehensive review of existing practices for all Harborough landlords.

What are the latest requirements for smoke and carbon monoxide alarms?

Landlords in Harborough must ensure a smoke alarm is fitted on every storey of the property used as living accommodation and that a carbon monoxide alarm is fitted in any room used as living accommodation which contains a fixed combustion appliance, excluding gas cookers. These alarms must be in proper working order at the start of every new tenancy. It is best practice to check them at each routine inspection and when tenants report an issue.

Do I need to provide an EPC to my tenants in Harborough?

Yes, you must provide a valid Energy Performance Certificate (EPC) to prospective tenants free of charge before entering into a tenancy agreement. The property must achieve a minimum EPC rating of E unless a valid exemption is registered. The EPC must also be given to the successful tenant at the start of the tenancy. Failure to provide a valid EPC can lead to penalties and restrict your ability to regain possession of your property.

What are my obligations regarding tenancy deposits?

If you take a tenancy deposit, you must protect it in one of the three government-approved schemes (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 calendar days of receiving it. Simultaneously, you must provide the tenant with the 'prescribed information' relating to the deposit protection. Failure to comply can result in financial penalties of up to three times the deposit amount and prevent you from relying on certain possession grounds.

Are there different rules for landlords in Scotland, Wales, or Northern Ireland?

Yes, housing law is a devolved matter, meaning there are significant differences. In Scotland, private residential tenancies replaced assured and assured shorthold tenancies in 2017, and there is a different repairs standard. Wales has specific Renting Homes (Wales) Act 2022 provisions, including contracts for new tenancies and different possession rules. Northern Ireland also has its own distinct legislation, including specific tenancy deposit schemes and notice requirements. This guide specifically addresses rules applicable to England, including Harborough Council.

Local rules change frequently. Always confirm licensing designations and fees with the council for the exact address before letting. This guide is general information, not legal advice.