Landlord guide: High Peak Council

Why it matters

Non-compliance with licensing requirements in High Peak can lead to severe penalties, including substantial fines, rent repayment orders, and even criminal prosecution. Failing to meet property safety standards not only endangers tenants but also risks legal action, insurance invalidation, and reputational damage. Staying abreast of legislative changes, such as those introduced by the Renters' Rights Act 2025, is crucial to avoid unlawful evictions, ensure valid notice procedures, and maintain legal standing in tenancy disputes.

Legal requirements

• Ensure all Houses in Multiple Occupation (HMOs) that meet the national criteria are licensed under Mandatory HMO Licensing.
• Check the High Peak Council's current designations for Additional HMO Licensing and Selective Licensing that may apply to your specific property address.
• Provide a valid Gas Safety Certificate annually if there is a gas installation in the property.
• Obtain an Electrical Installation Condition Report (EICR) at least every five years, or sooner if recommended by the report.
• Ensure the property has an Energy Performance Certificate (EPC) with a minimum rating of E, if applicable.
• Install working smoke alarms on every storey and a carbon monoxide alarm in any room with a fixed combustion appliance.
• Protect all tenant deposits in an approved scheme within 30 days of receipt and issue the prescribed information to the tenant.
• Serve all required prescribed documents to the tenant before the tenancy commences, including the How to Rent Guide and EPC.
• Comply with the Homes (Fitness for Human Habitation) Act 2018 ensuring the property is fit for human habitation at the start and throughout the tenancy.
• Adhere to the new rules on periodic assured tenancies and grounds for possession introduced by the Renters' Rights Act 2025.

Common mistakes

• Failing to determine if a property qualifies as an HMO and therefore requires a licence under mandatory or additional schemes.
• Not checking the exact property address for local Selective Licensing designations, assuming it is not required for single-family lets.
• Delaying the protection of a tenant's deposit beyond the 30-day legal deadline or failing to serve the prescribed information.
• Neglecting to provide essential safety certificates, such as a current Gas Safety Certificate or EICR, to tenants at the start of the tenancy.
• Attempting to end a tenancy using a Section 21 notice after the Renters' Rights Act 2025 abolishes this mechanism.
• Assuming historic tenancy agreements are exempt from the Renters' Rights Act 2025 changes regarding periodic tenancies and possession grounds.
• Not ensuring smoke and carbon monoxide alarms are correctly installed, regularly checked, and in full working order.
• Failing to maintain the property to a standard that ensures it remains fit for human habitation throughout the tenancy.

Practical guidance

• Verify the exact address of your rental property against High Peak Council's current licensing designations for HMOs and selective licensing.
• Create a comprehensive compliance file for each property, including all safety certificates, EPCs, deposit protection details, and prescribed information.
• Schedule annual gas safety checks and five-yearly EICR inspections well in advance of their expiry dates.
• Ensure working smoke alarms are fitted on every storey and carbon monoxide alarms are installed in rooms with combustion appliances.
• Familiarise yourself with the Renters' Rights Act 2025 changes regarding periodic assured tenancies and the new possession grounds.
• Review and update your tenancy agreements, notices, and record-keeping procedures to align with the forthcoming 2026 legislation.
• Regularly inspect the property for maintenance issues to proactively address repairs and ensure it meets fitness for human habitation standards.
• Engage with a reputable letting agent who is knowledgeable about local and national regulations if you are unable to manage these obligations personally.

Licensing Requirements in High Peak Council

High Peak Council, like all local authorities, operates a licensing regime for certain types of privately rented properties. This regime primarily consists of three categories: Mandatory HMO Licensing, Additional HMO Licensing, and Selective Licensing. Mandatory HMO licensing applies nationally to properties let to five or more people forming two or more separate households who share a kitchen, bathroom, or toilet. If your property meets these criteria, a licence is legally required. High Peak Council has the discretion to implement Additional HMO Licensing, extending licensing to smaller HMOs, such as those with three or four occupants. These designations are typically area-specific and run for up to five years. Furthermore, the council can introduce Selective Licensing in designated areas, requiring all private rented homes, including single-family lets, to be licensed. It is critical to check the specific ward or street where your property is located on the High Peak Council website to confirm whether any additional or selective licensing schemes apply, as designations can change or expire. Operating an unlicensed property where a licence is required is a criminal offence.

Safety and Compliance Obligations

Landlords in High Peak Council must adhere to a strict set of safety and compliance standards to protect tenants and avoid legal penalties. A current Gas Safety Certificate, issued annually by a Gas Safe registered engineer, is mandatory for properties with gas installations. An Electrical Installation Condition Report (EICR) must be obtained every five years, or sooner if indicated by the previous report, demonstrating that electrical installations are safe. An Energy Performance Certificate (EPC) must be provided to tenants before they move in, outlining the property's energy efficiency. Smoke alarms are legally required on every storey of the property, and a carbon monoxide alarm must be fitted in any room containing a fixed combustion appliance, such as a boiler or wood burner. All alarms must be checked at the start of each new tenancy. Furthermore, any tenant deposit must be protected within 30 days of receipt in a government-approved scheme, and the prescribed information related to that protection must be provided to the tenant. Failure to comply with these obligations can result in fines and limits on a landlord's ability to regain possession.

The Renters' Rights Act 2025 and its Impact

The Renters' Rights Act 2025, with its main provisions commencing in 2026, will fundamentally reshape the private rented sector across England, including High Peak Council. The Act abolishes assured shorthold tenancies, replacing them with periodic assured tenancies. This means tenancies will roll on a monthly basis from the start, providing greater security for tenants. Crucially, the Act abolishes 'no-fault' section 21 evictions. Landlords will instead need to rely on new or reformed grounds for possession, which will be set out in Schedule 2 of the Housing Act 1988, as amended by the 2025 Act. These grounds will be either mandatory, meaning the court must grant possession if proven, or discretionary, where the court considers all circumstances. High Peak landlords should review their existing tenancy agreements and possession procedures in anticipation of these changes, updating them to align with the new legal framework. The Act also introduces a new national landlord database and an independent ombudsman for private tenants, enhancing accountability and dispute resolution.

Scotland, Wales, and Northern Ireland: Devolved Rules

While this guide focuses on High Peak Council in England, it is important for landlords to recognise that property law is largely a devolved matter. The regulations governing private renting in Scotland, Wales, and Northern Ireland differ significantly from those in England. In Scotland, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering greater security of tenure and prohibiting 'no-fault' evictions. Wales has its own distinct framework under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' and different notice periods for possession. Northern Ireland operates under its own housing legislation, which includes provisions for tenancy agreements and landlord obligations that are distinct from England. Therefore, landlords with properties outside of England, for example in Midlothian Council or Inverclyde Council in Scotland, or Blaenau Gwent Council in Wales, must consult the specific guidance and legislation applicable to those regions rather than relying on English law.