Landlord guide: Solihull Council

Why it matters

Non-compliance with Solihull Council's licensing requirements or national housing legislation can lead to severe penalties, including unlimited fines, rent repayment orders, and restrictions on regaining possession of your property. Operating without a required licence or failing to meet safety standards jeopardises both your investment and your tenants' well-being. Proactive adherence ensures legal operation, protects your rental income, and maintains a positive reputation as a landlord.

Legal requirements

• Obtain an HMO licence if your property meets the mandatory or additional HMO licensing criteria set by Solihull Council.
• Check if your property falls within a selective licensing area designated by Solihull Council and apply for a licence if required.
• Provide a valid gas safety record annually for any property with gas appliances.
• Ensure an electrical installation condition report EICR is obtained and renewed every five years, or sooner if specified.
• Supply a valid energy performance certificate EPC to prospective tenants before marketing the property.
• Install working smoke alarms on every storey of the property and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers.
• Protect all tenant deposits in an authorised scheme and provide the prescribed information within 30 days of receipt.
• Serve all prescribed documents, including the How to Rent Guide, before the tenancy commences.
• Ensure your property meets the standards of the Homes Fitness for Human Habitation Act 2018.
• Adhere to the Tenant Fees Act 2019, limiting permitted payments and refundable tenancy deposits.

Common mistakes

• Failing to check Solihull Council's licensing designations for mandatory, additional, or selective licensing before letting a property.
• Assuming a property is exempt from licensing without thoroughly verifying all criteria, leading to an unlicensed operation.
• Not renewing gas safety certificates or EICRs promptly, resulting in lapsed safety documentation.
• Incorrectly protecting a tenant's deposit or neglecting to provide the prescribed information, which can invalidate future possession claims.
• Using outdated tenancy agreements or notices that do not reflect the changes introduced by the Renters' Rights Act 2025.
• Attempting to charge prohibited fees to tenants, which is a breach of the Tenant Fees Act 2019.
• Not installing or regularly checking smoke and carbon monoxide alarms, potentially endangering tenants and incurring penalties.
• Failing to keep adequate records of compliance documents, tenant communications, and property maintenance.
• Not understanding the new grounds for possession under the Renters' Rights Act 2025, leading to delays in regaining possession.

Practical guidance

• Begin by checking Solihull Council's official website for the latest information on all property licensing schemes affecting your specific address.
• Engage a qualified gas safe engineer annually to inspect all gas appliances and provide a gas safety record.
• Arrange for a qualified electrician to conduct an EICR at least every five years, addressing any C1, C2, or FI findings promptly.
• Obtain an EPC before advertising your property and ensure it meets the minimum energy efficiency standards.
• Install and regularly test smoke alarms on each floor and carbon monoxide alarms where required, documenting their condition.
• Select an authorised deposit protection scheme and ensure all deposits are protected and prescribed information served within the legal timeframe.
• Familiarise yourself with the Renters' Rights Act 2025 to understand new tenancy types, possession grounds, and notice requirements.
• Maintain a comprehensive record-keeping system for all safety certificates, tenancy agreements, communications, and maintenance history.
• Seek professional legal advice if you are unsure about any aspect of property law or Solihull Council's specific requirements.
• Review and update your tenancy agreements, notices, and internal processes to align with the latest legislative changes.

Property Licensing in Solihull Council

Solihull Council operates various property licensing schemes to ensure rented homes meet certain standards and are managed effectively. Mandatory HMO licensing applies nationally to properties rented to five or more people forming two or more households who share facilities like a kitchen, bathroom, or toilet. These properties always require a licence. Beyond this, Solihull Council may introduce additional HMO licensing, which extends licensing requirements to smaller HMOs, such as those with three or four occupants. These schemes are typically ward or street specific and run for up to five years. Furthermore, selective licensing may be implemented in designated areas, requiring every privately rented property, including single-family homes, to be licensed. The specific boundaries, criteria, and fees for these schemes can change. It is essential for landlords to proactively check Solihull Council's official website for the most current designations and to confirm if their property address falls within any licensing area before entering into a new tenancy agreement. Operating an unlicensed property where one is required carries significant penalties.

Essential Safety and Compliance Certificates for Solihull Properties

All landlords in Solihull, regardless of licensing status, must ensure their properties meet stringent safety standards. A valid gas safety record, issued by a Gas Safe registered engineer, is mandatory annually for any property with gas appliances. An Electrical Installation Condition Report EICR must be obtained from a qualified electrician every five years, or sooner if the report recommends it, confirming the electrical safety of the property. An Energy Performance Certificate EPC, valid for ten years, must be provided to prospective tenants before marketing and must meet the minimum energy efficiency standards. Smoke alarms must be fitted on every storey of the property, and carbon monoxide alarms are required in any room containing a fixed combustion appliance, excluding gas cookers. Landlords must ensure these alarms are in working order at the start of each tenancy. Deposit protection in a government-approved scheme, alongside providing prescribed information, is also a legal requirement within 30 days of receiving a deposit.

The Impact of the Renters' Rights Act 2025 on Solihull Landlords

The Renters' Rights Act 2025 marks a substantial overhaul of tenancy law in England, with its main provisions commencing in 2026. Crucially, the Act abolishes assured shorthold tenancies and the Section 21 'no-fault' eviction process. All new tenancies will be periodic from the outset, offering greater security for tenants. Landlords in Solihull will need to familiarise themselves with the new, reformed possession grounds, which are specific and require demonstrable reasons for eviction. Rent increase procedures are also changing, with limitations on how frequently and by how much rent can be raised. Landlords must review their current tenancy agreements, notice forms, and internal procedures to ensure they are fully compliant with the new legislation. Early preparation is key to avoiding delays or legal challenges when managing tenancies or seeking possession under the new framework. This fundamental shift requires a proactive approach to tenancy management and record keeping.

Differences in Devolved Nations: Scotland, Wales, and Northern Ireland

While this guide focuses on Solihull Council and English law, it is important to note that property law is devolved in Scotland, Wales, and Northern Ireland, with distinct legislative frameworks. In Scotland, the Private Residential Tenancy PRT introduced by the Private Housing Scotland Act 2016 replaced assured and short assured tenancies, offering open-ended agreements and different possession grounds. Wales operates under the Renting Homes Wales Act 2022, which introduced 'occupation contracts' and significantly changed tenancy structures and eviction processes. Northern Ireland has its own set of landlord and tenant legislation, including specific registration requirements for landlords and different rules for tenancy agreements and eviction. Landlords operating in these nations must consult their respective government guidance and local council information. For example, specific landlord registration schemes exist in Scotland and Northern Ireland, and licensing rules, such as those covered in our guides for Cardiff or our broader guide to letting in Scotland, vary considerably from Solihull's requirements.