Landlord guide: Havant Council

Why it matters

Non-compliance with landlord regulations in Havant can lead to substantial fines, civil penalties, and even criminal prosecution, jeopardising your investment and reputation. Failing to secure the correct licence or adhere to safety standards can invalidate tenancy agreements or prevent you from recovering possession of your property. Proper adherence to rules ensures tenant safety, maintains your legal standing, and protects your rental income, providing long-term security for your property business. Keeping up to date with legislative changes, especially the Renters' Rights Act 2025, is vital to avoid future legal challenges.

Legal requirements

• Obtain an HMO licence if your property is let to five or more people forming two or more households.
• Secure an additional HMO licence if your property has three or four occupants sharing facilities in the Havant area.
• Ensure all gas appliances and flues are safety checked annually by a Gas Safe registered engineer.
• Arrange an electrical safety inspection by a qualified person at least every five years, obtaining an Electrical Installation Condition Report (EICR).
• Provide tenants with a valid Energy Performance Certificate (EPC) at the outset of any tenancy.
• Install a working smoke alarm on each storey of the property and a carbon monoxide alarm in any room with a fixed combustion appliance.
• Protect any tenancy deposit in an approved scheme within 30 days and provide prescribed information to the tenant.
• Serve all legally required documents, such as the How to Rent Guide and EPC, before the tenancy commences.
• Adhere to the new periodic assured tenancy framework and ground-based possession rules introduced by the Renters' Rights Act 2025.
• Register with the national landlord database and comply with ombudsman decisions when required.

Common mistakes

• Failing to apply for the correct HMO licence, leading to enforcement action or fines.
• Not renewing gas safety certificates annually, risking tenant safety and legal penalties.
• Providing an outdated or missing Energy Performance Certificate (EPC) to new tenants.
• Neglecting to install or check smoke and carbon monoxide alarms, which is a significant safety and legal lapse.
• Delaying deposit protection or failing to serve prescribed information, which can prevent deposit deductions or possession claims.
• Assuming 'no-fault' eviction is still possible after the Renters' Rights Act 2025, leading to invalid possession notices.
• Not keeping detailed records of all safety checks, certificates, and tenancy documents.
• Ignoring tenant repair requests, which can lead to claims under the Homes Fitness for Human Habitation Act 2018 or Renters' Rights Act 2025.
• Attempting to increase rent without following the correct notice periods and procedures under the new legislation.

Practical guidance

• Immediately check Havant Council's website for any current selective licensing schemes that might apply to your property type or area.
• Review your property's occupancy to determine if it falls under mandatory or additional HMO licensing requirements and apply well in advance.
• Schedule annual gas safety checks with a Gas Safe registered engineer, ensuring you receive and retain the certificate.
• Arrange for an EICR to be carried out by a qualified electrician every five years, addressing any C1, C2, or FI defects promptly.
• Obtain an EPC for your property before marketing it, ensuring it meets the minimum energy efficiency standards.
• Install and regularly test smoke alarms on each storey and carbon monoxide alarms in relevant rooms.
• Choose an authorised tenancy deposit scheme and protect the deposit, providing the prescribed information to the tenant within 30 days.
• Download and provide the latest How to Rent Guide, EPC, and EICR to your tenants at the start of their tenancy.
• Familiarise yourself with the Renters' Rights Act 2025, understanding the new periodic tenancy structure and the grounds for possession.
• Register with the new national landlord database when it becomes operational, ensuring all property and landlord details are up to date.

Local Licensing in Havant Council

Havant Council, like other local authorities, has powers to implement various property licensing schemes to ensure rented homes meet certain standards and are managed effectively. Mandatory HMO licensing applies nationally to properties let to five or more people forming two or more households who share facilities such as a kitchen, bathroom, or toilet. In Havant, an additional licensing scheme is also in operation, extending licensing requirements to smaller HMOs, specifically those occupied by three or four people forming two or more households who share facilities. This additional licensing scheme applies borough-wide across Havant. Unlike some other areas, such as Birmingham or Liverpool, Havant Council does not currently have any selective licensing schemes in operation as of early 2026. This means that individual private rented properties not classed as HMOs generally do not require a licence in Havant, though this can change, so landlords must always verify the current position. These designations are typically reviewed periodically, and any changes are publicly announced by the council. Always confirm the specific requirements for your property's address directly with Havant Council before letting.

Fees, Applications and Enforcement

Applying for a licence, whether mandatory or additional, involves a fee and a detailed application process. For mandatory HMO licences in Havant, a new application typically costs around £1,100, with renewals priced at approximately £950. Additional HMO licence fees are slightly lower, at about £825 for a new application and £675 for a renewal. These fees cover the council's costs in processing applications, inspecting properties, and enforcing standards. Applications are submitted online via the Havant Council website, where landlords can also check current designations and access guidance notes. Failure to obtain a required licence can result in severe penalties, including unlimited fines, civil penalties of up to £30,000, and rent repayment orders. Furthermore, if a property should have been licensed but was not, a Section 8 notice seeking possession on grounds like rent arrears may be invalid or require specific council consent. Havant Council actively monitors the private rented sector and takes enforcement action against non-compliant landlords.

Essential Safety and Compliance Checks

Beyond local licensing, all rental properties in Havant must meet national safety and compliance standards. Where gas is supplied, an annual gas safety check must be conducted by a Gas Safe registered engineer, with a copy of the certificate provided to tenants. Electrical installations must be inspected by a qualified person at least every five years, resulting in an Electrical Installation Condition Report (EICR), a copy of which must be given to the tenant. All properties require an Energy Performance Certificate (EPC) with a minimum E rating, provided free of charge to prospective tenants. Working smoke alarms must be fitted on every storey used as living accommodation, and carbon monoxide alarms are mandatory in any room with a fixed combustion appliance, excluding gas cookers. Any tenancy deposit taken must be protected in a government-approved scheme within 30 days, along with the provision of prescribed information to the tenant. The latest 'How to Rent Guide' must also be supplied at the start of a tenancy.

The Impact of the Renters' Rights Act 2025

The Renters' Rights Act 2025 marks a transformative shift in the UK's private rented sector, fundamentally altering the landscape for landlords in Havant and across England. A key change is the replacement of assured shorthold tenancies with periodic assured tenancies, meaning tenancies no longer have a fixed end date and will run month-to-month or week-to-week from the start. Crucially, the Act abolishes 'no-fault' Section 21 evictions, requiring landlords to rely on specific, legally defined grounds for possession. These grounds include genuine intentions to sell, move into the property, or significant breaches of tenancy such as severe rent arrears or anti-social behaviour. The Act also introduces a new Private Rented Sector Ombudsman to handle landlord-tenant disputes and mandates a national landlord database. Landlords must update their tenancy agreements, rent review clauses, and record-keeping practices to align with these new provisions, ensuring full compliance from the main commencement date in 2026.

Regional Differences: Scotland, Wales, and Northern Ireland

While this guide focuses on England and Havant Council, it is important to note that landlord and tenant laws differ significantly across the UK. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in December 2017, offering open-ended tenancies with no-fault evictions largely abolished. Landlords in Scotland must register with their local authority. Wales introduced the Renting Homes (Wales) Act 2022, converting most assured tenancies into 'occupation contracts' and changing possession rules, including a longer notice period for landlord break clauses. In Northern Ireland, the law operates under different legislation, such as the Private Tenancies (Northern Ireland) Order 2006, with specific rules on tenancy deposit schemes, notice periods, and HMO licensing. Landlords operating in Scotland, Wales, or Northern Ireland should consult their respective government guidance and local council rules, as this Havant-specific information does not apply.