Landlord guide: Stoke-on-Trent City Council

Why it matters

Non-compliance with national housing laws or Stoke-on-Trent's local licensing schemes can lead to severe consequences, including unlimited fines, rent repayment orders, and restrictions on serving possession notices. A landlord's failure to meet their obligations can also damage their reputation, make securing insurance difficult, and potentially result in a banning order from letting properties entirely. Proactive understanding and consistent adherence to these rules protect your investment, ensure tenant safety, and maintain a lawful operation.

Legal requirements

• Obtain the correct property licence, whether mandatory, additional, or selective, for all applicable rented properties in Stoke-on-Trent.
• Ensure all rented properties meet the prescribed fitness for human habitation standards as set out in the Homes (Fitness for Human Habitation) Act 2018.
• Conduct an annual gas safety check by a Gas Safe registered engineer for any property with gas appliances and provide a copy to the tenant.
• Obtain an Electrical Installation Condition Report (EICR) from a qualified person every five years, or sooner if recommended, and provide it to the tenant.
• Ensure an Energy Performance Certificate (EPC) with a minimum rating of 'E' is in place before advertising a property and provided to the tenant.
• Install and maintain working smoke alarms on every storey and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers.
• Serve all prescribed information and documents, such as the How to Rent guide and EPC, at the start of any new tenancy.
• Adhere to the new rules on rent increases and possession notices as introduced by the Renters' Rights Act 2025, avoiding illegal evictions.
• Protect tenancy deposits in one of the approved government schemes within 30 days of receipt and provide the tenant with the prescribed information.
• Respect a tenant's right to quiet enjoyment, allowing access only with appropriate notice, except in genuine emergencies.

Common mistakes

• Failing to determine if a property requires a licence under Stoke-on-Trent City Council's various schemes, leading to unlicensed operation.
• Assuming a property is exempt from licensing based on its size, overlooking additional or selective licensing designations.
• Not providing tenants with critical statutory documents, such as the How to Rent guide or Gas Safety Certificate, at the tenancy's commencement.
• Neglecting to protect a tenant's deposit within the statutory timeframe or failing to serve the prescribed information about its protection.
• Attempting to evict a tenant using methods that are no longer lawful, particularly after the abolition of 'no-fault' evictions.
• Ignoring tenant complaints about disrepair, leading to breaches of the Homes (Fitness for Human Habitation) Act 2018.
• Not conducting regular property safety checks, such as annual gas safety or five-yearly electrical checks, or failing to provide evidence to tenants.
• Incorrectly increasing rent without following the new statutory procedure under the Renters' Rights Act 2025, or attempting to implement increases more frequently than allowed.

Practical guidance

• Begin by checking Stoke-on-Trent City Council's website to determine if any of your properties fall within a mandatory, additional, or selective licensing area.
• Gather all necessary documentation, including safety certificates, EPCs, and tenancy agreement details, well in advance of a licence application.
• Complete the licence application fully and accurately, paying any applicable fees, and submit it before the scheme's deadline or prior to letting a new property.
• Implement a robust property management system to track safety certificate expiry dates, tenancy deposit protection, and rent review dates.
• Familiarise yourself with the Renters' Rights Act 2025, particularly the new grounds for possession and procedures for rent increases, which commence in 2026.
• Ensure all tenancy agreements are up-to-date and reflect the new legal landscape, including provisions for periodic tenancies.
• Establish clear channels for tenant communication regarding repairs and maintenance, responding promptly to avoid claims under the Fitness for Human Habitation rules.
• Regularly review your insurance policies to ensure they cover all landlord liabilities, including property damage and legal costs.
• Maintain thorough records of all communications, inspections, and compliance documents for each tenancy and property.
• Consider joining a recognised landlord accreditation scheme which may offer discounts on licensing fees and access to valuable resources and training.

Licensing Requirements in Stoke-on-Trent City Council

Stoke-on-Trent City Council implements a multi-layered approach to property licensing, aiming to improve housing conditions and management standards across the city. All landlords must ascertain if their properties require a licence under one of three categories. Mandatory HMO licensing applies nationally to properties occupied by five or more people forming two or more separate households. Beyond this, Stoke-on-Trent has also designated specific areas for additional licensing, which extends to smaller Houses in Multiple Occupation typically occupied by three or four people from two or more households. Crucially, the council has also established selective licensing schemes in various wards and specific streets, requiring all privately rented properties within these designated areas, regardless of whether they are HMOs or single-family homes, to be licensed. Failing to obtain the correct licence for a property operating within these schemes is a criminal offence, potentially leading to an unlimited fine, a rent repayment order, or civil penalties of up to £30,000. Landlords should consult the official Stoke-on-Trent City Council website to confirm if their property is affected by any of these designations, as these schemes can change or be renewed.

The Renters' Rights Act 2025: Key Changes

From 2026, the Renters' Rights Act 2025 brings fundamental shifts to the private rented sector across England, significantly impacting how landlords operate. Most notably, the Act abolishes assured shorthold tenancies, replacing them with a system of periodic assured tenancies. This means that all tenancies will become periodic from day one, offering tenants greater security of tenure. The controversial 'no-fault' Section 21 notice for possession is also abolished, compelling landlords to rely solely on specified, legitimate grounds for possession. These grounds, some mandatory and some discretionary, are now more clearly defined and include circumstances such as tenant rent arrears, breach of tenancy, or the landlord's intention to sell or move into the property. Landlords in Stoke-on-Trent must meticulously review their tenancy agreements and familiarise themselves with these new possession grounds and procedures. The Act also reforms rules around rent increases, generally limiting them to once per year and requiring landlords to follow a prescribed notice period and form. Understanding these changes is vital for lawful tenancy management and possession procedures. This legislative overhaul applies uniformly across England, including Stoke-on-Trent.

Essential Safety and Compliance Checks

Maintaining a safe and healthy environment for tenants is a paramount legal obligation for all landlords. This includes adhering to several national statutory requirements. Where gas is present in a property, an annual gas safety check must be carried out by a Gas Safe registered engineer, with a copy of the certificate provided to the tenant. Similarly, an Electrical Installation Condition Report (EICR) must be obtained from a qualified electrician every five years, or sooner if recommended, and shared with tenants. An Energy Performance Certificate (EPC) with a minimum rating of 'E' is mandatory before marketing a property and must be given to tenants. All rented properties must have a working smoke alarm fitted on every storey and a carbon monoxide alarm in any room containing a fixed combustion appliance, excluding gas cookers. These alarms must be tested at the start of every new tenancy. Furthermore, properties must meet the standards of the Homes (Fitness for Human Habitation) Act 2018, ensuring they are free from hazards and suitable for occupation. Records of all these checks and certifications must be kept meticulously.

Regional Variations: Scotland, Wales and Northern Ireland

While the focus of this guide is on England, particularly Stoke-on-Trent, it is important for landlords with portfolios extending beyond England to understand that devolved nations have their own distinct property laws. In Scotland, for example, the Private Residential Tenancy (PRT) replaced assured and short assured tenancies in 2017, offering different rules for notice periods and rent increases. Wales has its own Housing (Wales) Act 2014, which mandates Rent Smart Wales licensing for all landlords and agents, and introduced the Renting Homes (Wales) Act 2022, converting all tenancies into 'occupation contracts'. This significantly alters notice periods and tenant rights compared to England. Northern Ireland operates under the Private Tenancies (Northern Ireland) Order 2006, which has separate provisions for tenancy agreements, notice periods, and deposit protection. These differences highlight the necessity for landlords to check specific regulations for each nation where they let property. Compliance with local council schemes, like those in Stoke-on-Trent, is in addition to national legislation, which itself varies across the UK.