Landlord guide: Royal Borough of Greenwich

Why it matters

Failure to comply with licensing requirements in the Royal Borough of Greenwich can lead to severe penalties, including unlimited fines, rent repayment orders, and restrictions on serving possession notices. Non-compliance with national safety standards endangers tenants and can result in significant legal action, reputational damage, and financial losses. Understanding and adhering to all regulations from the outset mitigates legal risks, protects your investment, and ensures a smooth, lawful tenancy. Proactive compliance is essential for any landlord operating in this area.

Legal requirements

• Confirm if your property requires a licence under mandatory HMO, additional, or selective licensing schemes specific to the Royal Borough of Greenwich.
• Ensure all gas appliances and flues are safety checked annually by a Gas Safe registered engineer, with a valid gas safety record provided to tenants.
• Obtain an Electrical Installation Condition Report (EICR) from a qualified person at least every five years, with any remedial work completed promptly.
• Provide a valid Energy Performance Certificate (EPC) to prospective tenants before marketing the property and to new tenants at the start of the 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, excluding gas cookers.
• Protect any tenancy deposit received from a tenant in a government-approved scheme within 30 days of receipt and provide the prescribed information to the tenant.
• Serve all legally required documents, including the latest How to Rent guide and the EPC, before the tenancy commences.
• Ensure the property meets the 'fitness for human habitation' standards throughout the tenancy, addressing any hazards proactively.
• Adhere to the new tenancy framework under the Renters' Rights Act 2025, which replaces previous fixed-term assured shorthold tenancies with periodic assured tenancies.
• Comply with local council enforcement notices and property improvement requirements.

Common mistakes

• Failing to check the exact address against the Royal Borough of Greenwich's licensing designations, assuming a property is exempt.
• Allowing an EPC, gas safety record, or EICR to expire, or not providing these documents to tenants at the correct time.
• Not installing or regularly testing smoke and carbon monoxide alarms, or failing to replace batteries when needed.
• Delaying deposit protection or the provision of prescribed information, which can invalidate any future possession claim.
• Attempting to serve a Section 21 notice after the Renters' Rights Act 2025 commencement, as these notices will be abolished.
• Misunderstanding the grounds for possession under the Renters' Rights Act 2025, leading to incorrect or invalid notices.
• Neglecting maintenance, which can lead to breaches of the Homes (Fitness for Human Habitation) Act 2018 and tenant complaints.
• Not conducting right to rent checks correctly or keeping adequate records of these checks.
• Charging prohibited fees to tenants, which is unlawful under the Tenant Fees Act 2019.
• Assuming that existing tenancy agreements automatically conform to the new legal framework without needing review or adjustment.

Practical guidance

• Begin by checking the Royal Borough of Greenwich council website for current licensing designations specific to your property's address.
• Obtain all necessary safety certificates well in advance of a tenancy starting or an existing certificate expiring.
• Install and regularly test all required smoke and carbon monoxide alarms, noting the dates of installation and checks.
• Select a government-approved tenancy deposit scheme and establish a clear process for protecting deposits and issuing prescribed information promptly.
• Familiarise yourself with the Renters' Rights Act 2025, particularly the new periodic assured tenancy structure and updated possession grounds.
• Update your tenancy agreement templates and tenant communication processes to reflect the changes brought by the Renters' Rights Act 2025.
• Maintain a comprehensive 'evidence pack' for each tenancy, containing all certificates, notices, and communications.
• Ensure regular property inspections are conducted to identify and address maintenance issues promptly, adhering to 'fitness for human habitation' standards.
• Seek professional legal advice if unsure about any aspect of licensing, compliance, or the new legislative framework.
• Stay informed about local authority updates and national housing law changes by regularly consulting official government and council websites.

Licensing Requirements in Royal Borough of Greenwich

The Royal Borough of Greenwich operates comprehensive licensing schemes for private rented properties, which landlords must understand and adhere to. There are three main types of licensing: 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 households who share a kitchen, bathroom or toilet. The Royal Borough of Greenwich may also implement additional HMO licensing, which extends the requirement to smaller HMOs, such as those with three or four occupants. These designations are determined by the council and can cover specific wards, streets, or even the entire borough. Selective licensing can apply to any private rented property within a designated area, including those let to single families or two unrelated individuals. These schemes are put in place to address issues like poor property conditions, anti-social behaviour, or low housing demand. Each designation runs for a maximum of five years. Landlords must check the exact address of their property against the current designations on the council's website. Operating a licensable property without a valid licence is a criminal offence, carrying the potential for an unlimited fine and other enforcement actions, including rent repayment orders. It is crucial to confirm your property's status before advertising or letting.

The Renters' Rights Act 2025 and its Impact

The Renters' Rights Act 2025, with its main provisions commencing in 2026, represents a significant overhaul of residential tenancy law in England. Crucially, it abolishes assured shorthold tenancies and introduces periodic assured tenancies as the standard. This means all new tenancies will be periodic from day one, with rent periods typically monthly. The Act also ends 'no-fault' evictions by abolishing Section 21 notices, moving to a system where landlords must rely on specified grounds for possession. These grounds, some mandatory and some discretionary, include reasons such as rent arrears, breach of tenancy, or the landlord's intention to sell or move into the property. Landlords in the Royal Borough of Greenwich must meticulously review their tenancy agreements, notice procedures, and record-keeping practices. Rent review mechanisms will also change, with landlords generally only able to increase rent once every 12 months using a prescribed notice. Understanding these changes is vital for landlords to ensure compliance and avoid invalid possession claims. The Act aims to provide greater security for tenants while ensuring landlords can still regain possession for legitimate reasons.

Essential Safety and Compliance Requirements

Beyond licensing, all private rented properties in the Royal Borough of Greenwich must meet stringent national safety and compliance standards. This includes ensuring all gas appliances and flues are checked annually by a Gas Safe registered engineer, with a copy of the gas safety record provided to the tenant within 28 days of the check and to new tenants before they move in. Electrical installations must be inspected and tested by a qualified person at least every five years, resulting in an Electrical Installation Condition Report (EICR). Any 'unsatisfactory' findings must be addressed promptly. Landlords must also ensure a working smoke alarm is fitted on each storey of the property and a carbon monoxide alarm is installed in any room used as living accommodation containing a fixed combustion appliance, excluding gas cookers. These alarms must be tested at the start of each new tenancy. Furthermore, properties must have an Energy Performance Certificate (EPC) with a minimum E rating, provided to prospective tenants at the earliest opportunity and to new tenants. The Homes (Fitness for Human Habitation) Act 2018 also requires properties to be fit for human habitation throughout the tenancy, meaning they must be safe, healthy, and free from serious hazards. Failure to comply with any of these requirements can lead to serious legal consequences.

Tenancy Deposits and Prohibited Payments

Landlords in the Royal Borough of Greenwich, like those across England, must adhere to strict rules regarding tenancy deposits and prohibited payments. All tenancy deposits received must be protected in one of the three government-approved schemes within 30 days of receipt: Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme. Alongside protecting the deposit, landlords must provide the tenant with 'prescribed information' about the scheme within the same 30-day timeframe. Failure to comply can result in financial penalties of up to three times the deposit amount and may prevent a landlord from serving a valid notice to end the tenancy. The Tenant Fees Act 2019 strictly limits what landlords and letting agents can charge tenants. Permitted payments include rent, a refundable tenancy deposit capped at five weeks' rent (or six weeks' rent where the annual rent is £50,000 or more), a refundable holding deposit capped at one week's rent, payments for utilities, council tax, communication services, and television licence, and payments for a default such as losing keys or late rent. Any other fees are prohibited. Landlords should also be aware of rules relating to rent reviews and increases under the Renters' Rights Act 2025, which generally restrict increases to once every 12 months with proper notice.

Devolved Administrations: Scotland, Wales, and Northern Ireland

It is important to note that property law is largely devolved in the United Kingdom, meaning that rules for landlords differ significantly in Scotland, Wales, and Northern Ireland. This guide specifically pertains to England. In Scotland, the Private Residential Tenancy (PRT) is the standard tenancy, offering open-ended security of tenure and different grounds for possession. Deposit protection schemes and property licensing also operate under Scottish-specific legislation. Wales has its own distinct framework under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' as the primary form of agreement, replacing previous tenancy types. This Act also changes rules around break clauses, notice periods, and fitness for human habitation. Northern Ireland operates under different housing legislation entirely, with no direct equivalent to assured tenancies or the upcoming periodic assured tenancies in England. Landlords operating in these devolved nations must consult their respective government websites and legal guidance, such as those provided by gov.scot, gov.wales, or nidirect.gov.uk, as the regulations detailed here for the Royal Borough of Greenwich and England will not apply. For example, specific licensing schemes for HMOs and selective licensing are distinct in each nation.