Landlord guide: Walsall Council

Why it matters

Failure to comply with either national legislation or Walsall Council's local schemes can result in severe repercussions for landlords. These include unlimited fines, rent repayment orders, prohibition orders preventing you from letting properties, and the inability to recover possession of your property. Non-compliance also risks damaging your reputation, jeopardising insurance validity, and ultimately eroding the profitability and security of your property investment.

Legal requirements

• Obtain the correct property licence from Walsall Council if your property falls within a designated licensing scheme.
• Ensure all gas appliances and flues are safety checked annually by a Gas Safe registered engineer.
• Provide tenants with a valid Electrical Installation Condition Report (EICR) every five years, conducted by a qualified person.
• Install and maintain working smoke alarms on each storey and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers.
• Ensure the property meets the minimum energy efficiency standards, currently an EPC rating of E or above.
• Provide tenants with copies of the How to Rent guide, the gas safety certificate, the EPC, and the EICR at the start of the tenancy.
• Protect tenancy deposits in an approved scheme within 30 days of receipt and provide prescribed information to the tenant.
• Comply with the 'Fitness for Human Habitation' standards, ensuring the property is safe, healthy, and free from serious hazards.
• Adhere to the new rules regarding periodic assured tenancies and possession grounds introduced by the Renters' Rights Act 2025.
• Provide a written tenancy agreement and ensure it complies with the Tenant Fees Act 2019, prohibiting certain charges to tenants.

Common mistakes

• Failing to apply for the correct property licence, or assuming a property is exempt when it is not.
• Not renewing gas safety certificates or EICRs on time, leaving critical safety documentation out of date.
• Ignoring tenant complaints about repairs or property conditions, leading to potential legal action or rent repayment orders.
• Attempting to evict a tenant without following the legally prescribed procedure and using the correct possession grounds.
• Charging prohibited fees to tenants, such as referencing fees or renewal fees, which are illegal under the Tenant Fees Act 2019.
• Mismanaging tenancy deposits, including failing to protect them within the statutory timeframe or provide the prescribed information.
• Not understanding the new possession grounds and notice periods introduced by the Renters' Rights Act 2025, leading to invalid possession claims.
• Failing to keep adequate records of safety checks, repairs, and tenant communications, which are crucial evidence in disputes.
• Assuming that a property is not an HMO, or not requiring a licence, without checking Walsall Council's specific criteria.
• Believing that an EPC is merely an advisory document, rather than a mandatory requirement for letting most properties.

Practical guidance

• Regularly review Walsall Council's official website for updates on licensing schemes and housing regulations.
• Conduct thorough due diligence to determine if your property requires a mandatory HMO, additional HMO, or selective licence.
• Submit licence applications well in advance of any deadlines to avoid enforcement action and potential letting delays.
• Establish a robust schedule for all statutory safety checks, including annual gas safety and five-yearly electrical safety inspections.
• Implement a clear process for handling tenant repair requests, responding promptly and ensuring issues are resolved effectively.
• Familiarise yourself with the Renters' Rights Act 2025, particularly the new possession grounds and the abolition of 'no-fault' evictions.
• Ensure your tenancy agreements are updated to reflect current legislation and prohibit any unlawful tenant fees.
• Utilise a secure, government-approved scheme for protecting tenancy deposits and always issue the prescribed information.
• Maintain detailed records of all property maintenance, safety checks, and communications with tenants and the council.
• Consider joining a landlord accreditation scheme, which may offer discounts on licensing fees and access to valuable resources and training.

Walsall Council Property Licensing Schemes

Walsall Council actively manages the quality of private rented accommodation through various property licensing schemes, which are distinct from planning permissions. The Housing Act 2004 underpins these powers, allowing local authorities to mandate licences for certain types of private rented properties. Firstly, Mandatory HMO Licensing applies nationally to Houses in Multiple Occupation occupied by five or more people forming two or more separate households, who share facilities like a bathroom or kitchen. Secondly, Walsall Council operates an Additional Licensing Scheme for smaller HMOs that do not meet the mandatory criteria. This scheme typically covers HMOs occupied by three or four tenants forming two or more households. Thirdly, Selective Licensing Schemes operate in specific designated wards within Walsall. These schemes require all privately rented properties within the designated area to be licensed, irrespective of whether they are an HMO or a single-family dwelling. Landlords must verify if their property falls within one of these areas, as the designations can change. Failure to obtain a required licence is a criminal offence, punishable by an unlimited fine, and can prevent a landlord from serving a valid possession notice.

The Renters' Rights Act 2025: Key Changes

The Renters' Rights Act 2025 marks a fundamental shift in landlord-tenant law, applicable across England. A primary change is the abolition of assured shorthold tenancies, meaning all new tenancies from 2026 will be periodic assured tenancies. This means tenancies will run indefinitely unless ended by the tenant or the landlord using a specific, legally valid ground for possession. Crucially, the Act abolishes 'no-fault' evictions, which were previously permitted under Section 21 of the Housing Act 1988. Landlords must now rely on new, reformed possession grounds to regain their property. These grounds are either mandatory, meaning the court must grant possession if proven, or discretionary, where the court has latitude. Examples of mandatory grounds include genuine intent to sell the property or for the landlord or their close family to live in it, significant rent arrears, or persistent anti-social behaviour. Walsall landlords must review their tenancy agreements, notice forms, and internal procedures to align with these new requirements to ensure any future possession claims are valid.

Safety, Maintenance, and Energy Efficiency Requirements

Maintaining a safe and healthy environment for tenants is a fundamental legal obligation. Landlords in Walsall must ensure their properties meet specific safety standards and comply with maintenance regulations. An annual gas safety check by a Gas Safe registered engineer is mandatory for all gas appliances and flues. An Electrical Installation Condition Report (EICR) must be obtained every five years from a qualified electrician. Properties must also have working smoke alarms on every storey and a carbon monoxide alarm in any room with a fixed combustion appliance, excluding gas cookers. The Homes (Fitness for Human Habitation) Act 2018 requires properties to be fit for human habitation at the start and throughout the tenancy, addressing a range of potential hazards. Furthermore, since 2020, most properties let on a new tenancy agreement must have an Energy Performance Certificate (EPC) with a minimum rating of E. Landlords should retain all certificates and records as proof of compliance and provide copies to tenants at the appropriate times. Regular property inspections are advisable to proactively identify and address maintenance issues.

Deposit Protection and Tenant Fees

Landlords in Walsall, like elsewhere in England, must protect tenancy deposits in one of the three government-approved schemes: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). The deposit must be protected within 30 days of receipt, and the landlord must provide the tenant with prescribed information about the deposit protection within the same timeframe. Failure to comply can result in financial penalties, with courts ordering the landlord to pay the tenant between one and three times the deposit amount, and preventing the landlord from serving a valid possession notice. The Tenant Fees Act 2019 strictly regulates what fees landlords and letting agents can charge tenants. Prohibited payments include referencing fees, administration fees, inventory checks, and renewal fees. The only payments permitted are 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, television licence, communication services, and fees for late payment of rent or for replacement of a lost key, where these are reasonably incurred.

Regional Differences: Scotland, Wales, and Northern Ireland

While this guide focuses on England and Walsall specifically, it is crucial for landlords with properties in other UK nations to understand the distinct legal frameworks. Scotland has different tenancy laws, with Private Residential Tenancies replacing Assured Shorthold Tenancies in 2017, offering open-ended agreements and specific rent increase procedures. Wales introduced the Renting Homes (Wales) Act 2022, which significantly reformed housing law, replacing all previous tenancy types with 'occupation contracts'. This Act introduced new notice periods, stronger tenant rights, and different rules for deposits and fitness for habitation. Northern Ireland has its own housing legislation, including requirements for landlord registration, tenancy deposit schemes, and a different system for eviction and notices, with specific rules under the Private Tenancies Act (Northern Ireland) 2022. Landlords operating in Scotland, Wales, or Northern Ireland must consult their respective government websites and local council guidance, as the rules outlined for Walsall and England will not apply there.