Landlord guide: London Borough of Lewisham

Why it matters

Non-compliance with licensing rules in Lewisham can lead to unlimited fines, prosecution, and an inability to regain possession of your property. Failure to meet national safety standards not only endangers tenants but can result in hefty penalties, invalid insurance, and serious legal repercussions. Moreover, misunderstanding the Renters' Rights Act 2025 will render possession claims invalid, prevent lawful rent increases, and expose landlords to challenges from tenants and the new national housing ombudsman. Diligent adherence to all regulations protects your investment and ensures a legally sound operation.

Legal requirements

• All landlords must register with the national landlord database, which becomes mandatory from 2026.
• A valid property licence must be obtained from Lewisham Council if the property falls under mandatory HMO, additional, or selective licensing schemes.
• A gas safety certificate must be issued annually by a Gas Safe registered engineer for any property with a gas supply.
• An Electrical Installation Condition Report (EICR) must be obtained every five years from a qualified electrician, confirming the electrical installations are safe.
• An Energy Performance Certificate (EPC) must be provided to tenants, demonstrating the property's energy efficiency rating of at least E.
• Working smoke alarms must be installed on every storey and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers.
• All tenancy deposits must be protected in a government-approved scheme within 30 days of receipt and prescribed information provided to the tenant.
• Landlords must ensure the property is fit for human habitation throughout the tenancy, meeting basic health and safety standards.
• Key documents, including the EPC, gas safety certificate, and How to Rent guide, must be provided to the tenant before the tenancy commences.
• Landlords must comply with the new grounds for possession and rent increase procedures under the Renters' Rights Act 2025.

Common mistakes

• Failing to check current licensing designations for the specific property address, as schemes can be highly localised and change over time.
• Assuming a property does not need a licence simply because it is not a large HMO, overlooking additional or selective licensing requirements.
• Not providing tenants with a copy of the valid gas safety certificate, EICR, EPC, and How to Rent guide before they move in.
• Delaying the protection of a tenancy deposit or failing to provide the prescribed information to the tenant and any relevant person within the statutory timeframe.
• Attempting to rely on abolished 'no-fault' eviction procedures after the Renters' Rights Act 2025 comes into full effect.
• Not adequately documenting communications and maintenance requests, which can hinder dispute resolution or possession claims.
• Failing to install or maintain working smoke and carbon monoxide alarms, posing serious safety risks and compliance breaches.
• Not understanding the new national landlord database registration requirements and associated obligations from 2026 onwards.

Practical guidance

• Regularly check the Lewisham Council website for the latest updates on property licensing schemes and their specific boundaries.
• Engage a reputable letting agent who is a member of an approved redress scheme and understands local and national regulations.
• Schedule annual gas safety checks and five-yearly electrical safety checks well in advance to ensure continuous compliance.
• Obtain and provide a valid Energy Performance Certificate (EPC) before marketing the property and ensure it meets minimum energy efficiency standards.
• Install and regularly test smoke alarms on every storey and carbon monoxide alarms in relevant rooms, replacing batteries as needed.
• Protect all tenancy deposits in one of the three government-approved schemes and issue the prescribed information to tenants within 30 days.
• Familiarise yourself with the Renters' Rights Act 2025, particularly the new periodic assured tenancy framework and grounds for possession.
• Ensure all required statutory documents, including the How to Rent guide, are served to tenants before the tenancy begins.
• Keep meticulous records of all safety certificates, tenant communications, deposit protection details, and maintenance work.
• Register with the new national landlord database once it becomes operational in 2026, understanding all associated responsibilities.

Property Licensing in the London Borough of Lewisham

The London Borough of Lewisham operates several property licensing schemes to ensure rented homes meet adequate standards. Understanding which scheme applies to your property is the first critical step. Mandatory HMO licensing applies nationally to properties rented to five or more people forming two or more separate households who share facilities such as a kitchen, bathroom, or toilet. Lewisham Council also implements additional licensing, which extends licensing requirements to smaller HMOs, typically those with three or four occupants from two or more households. These additional licensing designations are ward or street specific and run for a maximum of five years, so it is vital to check current designations regularly. Furthermore, selective licensing may be in force in certain areas of Lewisham, requiring all private rented homes, including single-family lets, to be licensed. The specific streets or wards covered by selective licensing schemes can change. Landlords must proactively confirm the exact licensing status for their property via the Lewisham Council website before advertising or entering into any tenancy agreement. Operating an unlicensed property where a licence is required is a criminal offence and can lead to significant penalties, including unlimited fines, rent repayment orders, and an inability to serve a valid notice to regain possession of the property. For application details and current fees, refer directly to the Lewisham Council website at lewisham.gov.uk/myservices/housing/private-renters/private-landlord-licensing.

The Renters' Rights Act 2025: Key Changes for Landlords

The Renters' Rights Act 2025 represents a seismic shift in private rented sector regulation, with its main provisions commencing in 2026. This landmark legislation abolishes assured shorthold tenancies (ASTs), replacing them with periodic assured tenancies. This means all new tenancies, and existing ASTs converting upon their fixed term end, will automatically be periodic from day one or transition to periodic status. A pivotal change is the abolition of 'no-fault' Section 21 evictions, requiring landlords to rely on specified, legally defined grounds for possession. These grounds include genuine reasons such as wanting to sell the property, move in themselves, or if the tenant is in serious rent arrears or has breached the tenancy agreement. The Act also introduces a new national landlord database, making it mandatory for all landlords to register. Alongside this, a new national housing ombudsman will be established, offering a single point of redress for all tenants, expanding beyond the current coverage of managing agents. Landlords must review their current tenancy agreements, notices, and record-keeping practices to ensure full compliance with these extensive reforms. Rent increase procedures will also be impacted, with stricter rules on how and when rent can be increased, typically limited to once per year. Preparing for these changes is essential to avoid legal pitfalls and ensure smooth tenancy management in the new regulatory landscape.

Essential Safety and Compliance Requirements

Beyond local licensing, landlords in Lewisham must adhere to a strict set of national safety and compliance requirements. A valid gas safety certificate, issued annually by a Gas Safe registered engineer, is mandatory for all properties with a gas supply. For electrical safety, an Electrical Installation Condition Report (EICR) must be obtained from a qualified person every five years, with a copy provided to the tenant. The property must also possess a valid Energy Performance Certificate (EPC) with a minimum rating of E, which must be shown to prospective tenants. From 2025, the minimum EPC rating requirement is expected to increase further for new tenancies. Working smoke alarms must be installed on every storey of the property where there is an occupied room, and carbon monoxide alarms are required in any room containing a fixed combustion appliance, excluding gas cookers. These alarms must be tested at the start of each new tenancy. All tenancy deposits must be protected within 30 days of receipt in one of the three government-approved schemes, and the prescribed information relating to the deposit protection must be issued to the tenant and any relevant person. Failure to comply with any of these safety requirements can result in significant fines, prosecution, and the inability to regain possession of the property.

Deposits, Documentation and Data Protection

Protecting tenancy deposits correctly is a fundamental legal requirement. All deposits taken for assured tenancies must be protected in a government-approved scheme within 30 days of receipt. Crucially, landlords must also provide the tenant, and any 'relevant person' who contributed to the deposit, with prescribed information about where their deposit is held within the same 30-day period. Failure to do so can result in an order to repay the deposit plus a penalty of one to three times the deposit amount, and an inability to serve a valid notice to regain possession. Alongside deposit protection, a suite of statutory documents must be provided to the tenant before the tenancy commences. These include a valid Energy Performance Certificate (EPC), the most recent gas safety certificate (if applicable), and the current version of the government's 'How to Rent' guide. Landlords must retain proof of service for all these documents. Furthermore, under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, landlords are data controllers and must ensure they handle tenants' personal data securely and lawfully. This includes being transparent about how data is used, keeping it accurate and only for as long as necessary, and responding to data subject access requests promptly. Compliance with data protection is overseen by the Information Commissioner's Office (ICO).

Regional Differences: Scotland, Wales, and Northern Ireland

While many core principles of landlord obligations, such as gas and electrical safety, are broadly consistent across the UK, there are significant differences in property licensing, tenancy types, and eviction processes in Scotland, Wales, and Northern Ireland. In Scotland, the Private Residential Tenancy (PRT) replaced assured and assured shorthold tenancies in 2017, offering different rules for rent increases, notices, and eviction. Landlord registration is mandatory across all of Scotland. Wales introduced the Renting Homes (Wales) Act 2022, simplifying tenancy types into 'occupation contracts', with specific rules for break clauses and notice periods. A national landlord registration scheme, Rent Smart Wales, is also mandatory, requiring landlords and agents to be registered and licensed. Northern Ireland operates under its own distinct housing legislation, including the Private Tenancies (Northern Ireland) Act 2022, which brought in changes to notice periods and rent increase frequency. Landlord registration is also required. Therefore, landlords with properties outside of England, or those considering expanding their portfolio, must consult the specific legislation and guidance issued by the devolved governments. Relying on English law for properties in these regions will inevitably lead to non-compliance and potential legal issues.