Landlord guide: Sandwell Metropolitan Borough Council

Why it matters

Non-compliance with Sandwell's licensing schemes or broader landlord legislation can lead to severe penalties, including substantial fines, rent repayment orders, and even prosecution. Unlicensed properties may prevent landlords from issuing valid possession notices, complicating the recovery of their property. Understanding and fulfilling these obligations protects your investment, ensures legal standing, and fosters good relationships with your tenants and the local authority, safeguarding your reputation and financial viability in the long term.

Legal requirements

• Obtain a licence for any property that falls under Sandwell's mandatory HMO, additional HMO, or selective licensing schemes.
• Ensure all tenancy agreements comply with the Renters' Rights Act 2025 and provide tenants with a written copy.
• Maintain the property in a safe and habitable condition, addressing repairs promptly, as required by the Homes (Fitness for Human Habitation) Act 2018.
• Provide an annual gas safety certificate from a Gas Safe registered engineer for all gas appliances and flues.
• Ensure an Electrical Installation Condition Report (EICR) is obtained every five years and provided to tenants.
• Install and test working smoke alarms on each storey and a carbon monoxide alarm in any room with a fixed combustion appliance.
• Provide an Energy Performance Certificate (EPC) to prospective tenants before marketing and include it with the tenancy agreement.
• Protect any tenancy deposit in an approved scheme within 30 days and provide prescribed information to the tenant.
• Adhere to the Tenant Fees Act 2019, ensuring only permitted payments are requested from tenants.
• Comply with new possession grounds and procedures introduced by the Renters' Rights Act 2025, including minimum notice periods.

Common mistakes

• Failing to check if a property requires a licence under Sandwell's specific licensing schemes, leading to operating an unlicensed property.
• Not understanding the full implications of the Renters' Rights Act 2025, particularly regarding periodic tenancies and new possession grounds.
• Neglecting routine property maintenance, resulting in disrepair issues and potential enforcement action under the Homes (Fitness for Human Habitation) Act 2018.
• Delaying gas safety checks or electrical inspections, putting tenants at risk and breaching statutory safety regulations.
• Incorrectly serving documents or notices, which can invalidate possession claims or lead to fines under the Tenant Fees Act 2019.
• Attempting to evict tenants without following due legal process or without a valid possession order from the courts.
• Failing to properly protect a tenancy deposit and provide the prescribed information, which can prevent seeking possession and incur financial penalties.
• Not staying updated with local council guidance and national legislative changes, missing critical compliance deadlines.

Practical guidance

• Regularly review Sandwell Council's website for updates on licensing designations and specific requirements for your properties.
• Seek professional legal advice to ensure your tenancy agreements and landlord practices are fully compliant with the Renters' Rights Act 2025.
• Establish a robust system for scheduling and documenting all mandatory safety checks, such as gas safety, electrical inspections, and alarm tests.
• Conduct regular property inspections to identify and address maintenance issues proactively, maintaining a good standard of repair.
• Keep meticulous records of all communications with tenants, maintenance requests, and compliance documents, including EPCs and deposit protection certificates.
• Familiarise yourself with the new possession grounds and notice periods under the Renters' Rights Act 2025 before initiating any tenancy termination.
• Ensure all tenant fees charged are permissible under the Tenant Fees Act 2019 and clearly communicate these to prospective tenants.
• Consider professional property management to navigate the complexities of local and national regulations effectively and mitigate risks.
• Obtain appropriate landlord insurance to protect against unforeseen circumstances and liabilities.
• Join a reputable landlord association for ongoing support, advice, and training on best practices and legislative changes.

Property Licensing in Sandwell Metropolitan Borough Council

Sandwell Metropolitan Borough Council implements a multi-tiered property licensing strategy to enhance standards within its private rented sector. Mandatory HMO licensing applies borough-wide to properties occupied by five or more persons forming two or more separate households who share basic amenities, such as a kitchen or bathroom. Beyond this, additional licensing extends requirements to smaller Houses in Multiple Occupation occupied by three or four persons forming two or more separate households across most of the borough. These smaller HMOs, which might otherwise escape mandatory licensing, are brought under regulation to address specific local concerns. Furthermore, selective licensing operates in designated areas where property conditions, antisocial behaviour, or other issues necessitate broader regulation, requiring all privately rented properties within these specific zones to be licensed, regardless of their occupancy type. Landlords must proactively identify if their properties fall under any of these schemes and apply for the necessary licence. Operating an unlicensed property where one is required is a criminal offence and can lead to significant penalties, including unlimited fines, and can preclude a landlord from serving a valid possession notice.

Renters' Rights Act 2025 and Tenancy Management

The Renters' Rights Act 2025 marks a pivotal shift in landlord and tenant law across England, fundamentally altering how tenancies are managed. From the main commencement date in 2026, the concept of 'assured shorthold tenancies' is abolished, with all new residential tenancies becoming 'assured tenancies', typically periodic from the outset. Landlords in Sandwell must adapt their tenancy agreements and management practices accordingly. The most significant change is the abolition of 'no-fault' Section 21 evictions, meaning landlords will only be able to regain possession of their property using specific, legally defined grounds. These grounds, set out in the Housing Act 1988 as amended by the 2025 Act, include situations where the landlord wishes to sell the property, move in themselves or a family member, or if the tenant is in serious rent arrears or has breached the tenancy agreement. Notice periods for possession grounds have also been reformed, requiring landlords to provide clear and sufficient notice. It is vital for landlords to familiarise themselves with these new grounds and procedures to ensure any future possession claims are valid and lawful.

Essential Safety and Compliance Checks

Maintaining a safe and compliant property is a continuous obligation for landlords in Sandwell. Properties with gas installations must have an annual gas safety check conducted by a Gas Safe registered engineer, with a copy of the certificate provided to the tenants. Electrical safety is paramount, requiring an Electrical Installation Condition Report (EICR) every five years, certifying the electrical system's safety, with a copy supplied to tenants. Every rented property must also possess a valid Energy Performance Certificate (EPC) at the start of a tenancy, providing tenants with information on energy efficiency. The Homes (Fitness for Human Habitation) Act 2018 places a legal duty on landlords to ensure their property is safe and free from serious hazards throughout the tenancy. Furthermore, working smoke alarms must be installed on every storey of the property, and a carbon monoxide alarm must be present in any room used as living accommodation which contains a fixed combustion appliance, such as a boiler. Landlords must ensure these alarms are tested at the start of each new tenancy. Failure to comply with these statutory requirements can lead to enforcement action, significant fines, and potential legal claims from tenants.

Regulatory Differences: Scotland, Wales and Northern Ireland

It is crucial for landlords to recognise that property law is largely devolved in the United Kingdom, meaning regulations vary significantly outside of England. In Scotland, the Private Residential Tenancy (PRT) was introduced in 2017, offering open-ended tenancies and different rules for rent increases and possession, with no fixed terms or 'no-fault' evictions. Wales also has its own distinct framework under the Renting Homes (Wales) Act 2022, which came into force in December 2022, introducing 'occupation contracts' and different notice periods for possession. Similarly, Northern Ireland has its own housing legislation, which differs from England's, particularly regarding tenancy agreements, deposit protection, and eviction processes. While this page focuses on England and Sandwell specifically, landlords with properties in other UK nations must consult their respective government guidance and legislation. For example, further information on regulations in cities like Cardiff or specific Welsh councils would be found under the Welsh legal framework, not the English one. The Renters' Rights Act 2025 does not apply to Scotland, Wales, or Northern Ireland.

Fees, Applications and Local Resources

The cost of property licences in Sandwell varies depending on the scheme and duration. For example, a five-year mandatory HMO licence has a specific fee, typically published on the council's website. Additional and selective licensing fees may differ, often incorporating application stages and compliance checks. Landlords are advised to check the official Sandwell Metropolitan Borough Council website for the most current fee schedule and detailed application procedures. The council provides an online portal or downloadable forms for licence applications and offers guidance documents to assist landlords through the process. It is essential to submit accurate and complete applications within the specified timeframes to avoid delays or rejection. The council's website also serves as a central hub for updates on licensing designations, news regarding local landlord forums, and contact details for their private sector housing team, who can provide further clarification on specific cases or complex scenarios. Landlords should also be aware of the requirement to display their licence or a summary of it, where applicable, to ensure transparency.