December 2025 Issue: Tenancy Top Tips

Aaron Taylor

Solicitor

MSB Solicitors

Aaron heads MSB's Private Housing team and acts o n behalf of landlords, letting agents and portfolio managers. See below for just some of his recent tips to be mindful of in ensuring compliance with a landlord's statutory obligations.

Selective Licensing

There are highly technical rules and regulations that I must be aware of (for example the numerous "Housing Acts" etc.) One area that catches Landlords out is the requirement to obtain a Selective Licence from their Local Authority, where one is required. Local Authorities typically designate areas for Licensing requirements where they identify issues such as low housing demand, poor property conditions or anti-social behaviour.

If your property falls within a designated area, you must hold a valid licence or have submitted a proper application (unless an exemption applies). So what are the consequences of non-compliance?

• Councils can impose civil penalties of up to 630,000 or pursue criminal prosecution for operating an unlicensed property.

• Tenants or the local authority may seek a Rent Repayment Order, potentially reclaiming up to 12 months' rent.

• A Landlord cannot serve a valid Section 21 notice if a property requires a selective licence and neither a licence nor a valid application/exemption is in place.

The restriction remains until the licensing position is regularised (for example if you apply for your licence).

For those of you in Liverpool, there's a strong chance that your property falls within the Selective Licensing area.

Renters Rights Act (Council Investigatory Powers)

With the Renters' Rights Act progressing, Councils already have new investigatory powers as of 27 December 2025.

Local authorities can now require Landlords to produce compliance records going back 12 months and carry out inspections where concerns are raised.

In practice, this means councils may ask for:

- Tenancy Agreements and Rent Records

- Deposit Protection Certificates and Prescribed Information

- Gas Safety, Electrical Safety and EPC Certificates

- Evidence of Right to Rent checks

- Licensing documentation (HMO or Selective Licensing)

- Repair records and responses to tenant complaints

They also have enhanced powers to inspect properties and, in some cases, to enter business premises to review records, with civil penalties available where non-compliance is identified.

Retaliatory Evictions & Section 21

Retaliatory evictions (sometimes called a "revenge eviction") are when a landlord serves a s.21 notice after a Tenant has complained about repairs or housing conditions, instead of addressing the issues raised.

Under the current law, a s.21 notice may be invalid where a complaint about conditions prompts enforcement action by the local council (like an improvement or emergency works notice), meaning the Landlord cannot use a s.21 for a period (often six months after that notice).

Complaining alone doesn't automatically invalidate as.21, but if the Council gets involved and serves a relevant notice, that can block a s.21 in retaliation situations.