Landlord guide: Hastings Council

Why it matters

Understanding Hastings Council's specific requirements, alongside national legislation, is crucial for legal compliance and avoiding significant penalties. Failing to obtain a required licence can lead to unlimited fines, prosecution, and the inability to issue a valid Section 8 notice to regain possession. Furthermore, a tenant can apply for a Rent Repayment Order, potentially requiring the landlord to repay up to 12 months' rent.

Legal requirements

• Obtain the correct property licence if the property falls under mandatory HMO, additional HMO, or selective licensing schemes in Hastings.
• Provide an Energy Performance Certificate (EPC) with a minimum rating of E before marketing or letting a property.
• Ensure a valid Gas Safety Certificate is in place annually for properties with gas appliances.
• Provide an Electrical Installation Condition Report (EICR) every five years, ensuring all electrical installations are safe.
• Install working smoke alarms on every storey of the property and a carbon monoxide alarm in any room used as living accommodation containing a fixed combustion appliance (excluding gas cookers).
• Protect any tenancy deposit in a government-approved scheme and serve prescribed information within 30 days of receipt.
• Provide tenants with a copy of the How to Rent Guide, the EPC, the Gas Safety Certificate, and the EICR at the start of the tenancy.
• Ensure the property meets the standards for fitness for human habitation throughout the tenancy.
• Comply with all provisions of the Renters' Rights Act 2025, including changes to assured tenancies, possession grounds, and the national landlord database and ombudsman.
• Adhere to rules on tenant fees, ensuring no prohibited payments are requested or received.

Common mistakes

• Failing to check Hastings Council's website for current selective or additional licensing designations before letting a property.
• Assuming a property is not an HMO when it meets the statutory definition, thus not applying for mandatory licensing.
• Neglecting to renew property licences promptly, allowing them to expire and leading to unlicensed operation.
• Providing an expired or invalid EPC, EICR, or Gas Safety Certificate to tenants at the start of the tenancy.
• Not installing sufficient smoke and carbon monoxide alarms, or failing to check they are in working order on tenancy commencement.
• Failing to protect a tenancy deposit in a scheme or neglecting to serve the prescribed information within the strict 30-day deadline.
• Attempting to evict a tenant using a repealed Section 21 notice, following the commencement of the Renters' Rights Act 2025.
• Charging prohibited fees to tenants, which can result in significant financial penalties under the Tenant Fees Act 2019.
• Not understanding the new grounds for possession or the changes to rent review procedures under the Renters' Rights Act 2025.
• Ignoring tenant requests for repairs, potentially leading to complaints to the council or legal action under the Homes (Fitness for Human Habitation) Act 2018.

Practical guidance

• Visit the Hastings Council website regularly to check for updates on licensing schemes, particularly for selective or additional licensing areas.
• Clearly determine if your property is an HMO, by counting the number of occupants forming separate households, before advertising.
• Apply for the relevant property licence well in advance of a tenancy starting, as processing times can vary.
• Establish a robust system for tracking key compliance dates, such as EPC, Gas Safety, and EICR renewals.
• Ensure all required safety certificates and statutory documents are prepared and ready to be served to new tenants before they move in.
• Use a government-approved deposit protection scheme and ensure all prescribed information is served correctly and within the legal timeframe.
• Familiarise yourself with the Renters' Rights Act 2025 to understand the new assured tenancy framework and the updated possession grounds.
• Maintain clear and detailed records of all communication with tenants, repairs undertaken, and compliance checks.
• Consider professional landlord training or joining a landlord association to stay informed about legislative changes.
• Seek professional legal advice if you are unsure about any aspect of property licensing, compliance, or tenant relations.

Property Licensing in Hastings Council

Hastings Council operates various licensing schemes designed to improve housing standards and management in the private rented sector. Mandatory HMO licensing applies nationally to properties housing five or more individuals forming two or more households, who share facilities such as a kitchen or bathroom. These properties require a licence regardless of their location in Hastings. Beyond this, Hastings Council may implement additional HMO licensing, which extends the licensing requirement to smaller HMOs typically those housing three or four tenants from two or more households. Crucially, the council can also designate areas for selective licensing, requiring all privately rented properties within that specific zone, including single-family lets, to be licensed. These designations are time-limited, typically running for up to five years, and can be highly localised, applying to specific streets or wards. Landlords must check the precise address against current designations on the Hastings Council website before advertising a property. Operating an unlicensed property where a licence is required is a criminal offence carrying severe penalties, including unlimited fines and the inability to issue a valid Section 8 notice.

National Safety and Compliance Requirements for Landlords

Beyond local licensing, all landlords in Hastings must adhere to a strict set of national safety and compliance requirements. A current Energy Performance Certificate (EPC) with a minimum rating of E is legally required for most properties before they can be let. For properties with gas installations, an annual Gas Safety Certificate issued by a Gas Safe registered engineer is mandatory. Electrical safety is covered by an Electrical Installation Condition Report (EICR), which must be renewed every five years. Properties must also be fitted with working smoke alarms on every storey and carbon monoxide alarms in any room with a fixed combustion appliance, excluding gas cookers. Landlords must ensure properties meet the standards of the Homes (Fitness for Human Habitation) Act 2018, meaning they are safe, healthy, and free from hazards. All tenancy deposits must be protected in a government-approved scheme, and the prescribed information relating to the deposit protection must be issued to the tenant within 30 days. Failure to comply with these regulations can lead to significant fines and penalties.

The Renters' Rights Act 2025: Key Changes

The Renters' Rights Act 2025, with its main provisions commencing in 2026, introduces fundamental changes to the private rented sector that all Hastings landlords must understand. The Act abolishes assured shorthold tenancies, replacing them with a single system of periodic assured tenancies. This means all tenancies will be periodic from the outset, providing greater security for tenants. A pivotal change is the abolition of Section 21 'no-fault' evictions. Landlords will now only be able to regain possession using new or reformed grounds, most of which are fault-based or require the landlord to genuinely intend to sell or move into the property. The Act also establishes a national landlord database, requiring all landlords to register, and creates a new Private Rented Sector Ombudsman to handle disputes between landlords and tenants. These changes necessitate a comprehensive review of existing tenancy agreements, possession procedures, and record-keeping practices for all landlords in Hastings.

Rent Increases and Tenant Fees

Under the Renters' Rights Act 2025, rent increases will be limited to once per year, and landlords must provide two months' notice. Tenants will also have enhanced rights to challenge unreasonable rent increases. The Tenant Fees Act 2019 already prohibits landlords and letting agents from charging most fees to tenants, such as fees for referencing, inventories, or professional cleaning. The only payments that can be charged are rent, a refundable tenancy deposit (capped at five weeks' rent where the annual rent is under £50,000, or six weeks' rent where it is £50,000 or more), a refundable holding deposit (capped at one week's rent), payments in the event of a default, payments for utility services, council tax, television licence, and communication services, and fees for late payment of rent or replacement of lost keys. Any other fees are prohibited. Landlords in Hastings must ensure strict compliance with these rules to avoid financial penalties.

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

While this guide focuses on England and Hastings, it is important for landlords with properties across the UK to recognise that housing law is devolved. Scotland, Wales, and Northern Ireland each have their own distinct legislative frameworks. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering greater security for tenants and different rent increase mechanisms. Wales introduced the Renting Homes (Wales) Act 2022, which came into force in December 2022, replacing nearly all previous tenancy types with 'occupation contracts'. This Act changed terminology and significantly altered notice periods and repair obligations. Northern Ireland has its own set of tenancy laws, primarily governed by the Private Tenancies (Northern Ireland) Order 2006, with ongoing legislative reforms. Landlords operating in these regions must consult the specific guidance for Scotland, Wales, or Northern Ireland, as rules regarding licensing, deposits, possession, and tenancy types will vary significantly from those in England.