Birmingham City Council has been one of the most active licensing authorities in England for over a decade. The council operates multiple selective licensing designations across the city, and its additional HMO licensing scheme covers a wide range of HMO property types. With the Renters' Rights Act 2025 entering force on 1 May 2026, Birmingham landlords must layer national compliance requirements on top of these established local enforcement frameworks.
This guide covers obligations for landlords operating across Birmingham and the wider West Midlands — including Sandwell, Wolverhampton, Coventry, Walsall, and Dudley. Local designation maps change regularly; always verify the current designation status for your specific property address before letting.
Renters' Rights Act 2025 — England-wide obligations from 1 May 2026
All private landlords in England — including Birmingham — must comply with the following from 1 May 2026:
- Section 21 abolished: No-fault eviction notices served on or after 1 May 2026 are unlawful. Possession is only available via Section 8 using the revised Schedule 2 grounds
- Periodic Assured Tenancy (PAT) required: All new tenancies from 1 May 2026 must be periodic from day one. Fixed-term ASTs are no longer permitted for new assured tenancies
- Awaab's Law in force: Mandatory statutory timeframes for responding to and repairing damp, mould, and HHSRS Category 1 hazards. Birmingham has a high proportion of older PRS stock — enforcement risk is significant
- Information Sheet obligation: All landlords with existing tenancies as at 1 May 2026 must serve the Renters' Rights Act Information Sheet on every named tenant by 31 May 2026. Penalty: up to £7,000 per tenancy
- Pet request right: Tenants on a PAT have a statutory right to request a pet. Landlords must respond in writing within 42 days; silence is deemed consent
- Section 13 rent increases only: Contractual rent-review clauses in PATs are unenforceable. Rent increases must be served via Form 4A with the correct notice period
- Civil penalties up to £40,000: The RRA 2025 raises the maximum civil penalty for PRS non-compliance to £40,000 per offence
Birmingham selective and additional licensing — what landlords must know
Birmingham City Council operates one of the most extensive landlord licensing regimes in England. Check your property address against current designation maps before letting:
- Selective licensing: Multiple selective licensing designation areas across Birmingham, covering numerous inner-city and suburban wards. A licence is required before the property can be let. Letting without a licence is a criminal offence — unlimited fine plus potential rent repayment order
- Additional HMO licensing: Birmingham's additional licensing scheme covers HMOs not caught by mandatory licensing — typically 3–4 person HMOs in designated areas. Check whether your property requires a mandatory or additional HMO licence
- Mandatory HMO licensing (nationwide): Any property housing 5 or more persons forming 2 or more households in a shared house or flat requires a mandatory HMO licence under the Housing Act 2004
- Licence fee: Fees vary by property type and scheme. Budget approximately £500–£1,000 per licence; check Birmingham City Council's licensing portal for current fees
- Sandwell and Wolverhampton: Both Sandwell Metropolitan Borough Council and City of Wolverhampton Council operate selective and HMO licensing. If you own property across multiple West Midlands boroughs, check each council's designation maps independently
- Renewal: Licences are typically issued for 5 years. Renew before expiry — Birmingham City Council has taken enforcement action against landlords who continue to let after licence expiry
Awaab's Law — Birmingham enforcement context
Birmingham has a high proportion of pre-1919 private rented housing and has been the subject of significant media coverage around damp and mould in the PRS. Awaab's Law creates mandatory repair timeframes that Birmingham landlords must now comply with:
- Acknowledge reports promptly: You must acknowledge any tenant report of damp, mould, or an HHSRS hazard in writing
- Investigate within the statutory period: Inspection must take place within the investigation period set by regulation
- Repair within the repair period: Works must be completed within the statutory repair period after investigation
- Birmingham City Council enforcement: The council has received central government funding to ramp up PRS enforcement. Property licensing officers and Environmental Health Officers may conduct proactive inspections, not just respond to complaints
- Document everything: Log every tenant report, inspection date, findings, works instructed, works completion date, and contractor name. This is your primary defence in enforcement action
- Root-cause works only: Repainting over mould without fixing the underlying cause (ventilation, insulation, structural moisture ingress) fails the Awaab's Law standard
Section 8 possession in Birmingham — 2026 key points
Birmingham and Wolverhampton County Courts handle Section 8 possession claims for West Midlands properties. Plan for delays and ensure all pre-action steps are correct:
- Ground 8 (rent arrears): Mandatory ground — at least two months' rent owed at both notice date and hearing date. The most commonly used possession ground
- Ground 1A (sale): Landlord intends to sell. Two months' notice. Six-month moratorium from tenancy start. Requires prior service of the Renters' Rights Act Information Sheet
- Ground 1 (own occupation): Landlord or close family intends to occupy. Two months' notice. Requires prior service of the Information Sheet
- Ground 14 (anti-social behaviour): Discretionary ground; effect at notice date without minimum period. Gather evidence meticulously
- Form 3A: The prescribed Section 8 notice form; errors invalidate the notice and require re-serving from scratch. Use a correctly pre-populated template
- Information Sheet pre-condition: For Grounds 1 and 1A, the court will strike out the claim if you cannot show the Information Sheet was served before the Section 8 notice
MEES and EPC compliance for Birmingham landlords
The Minimum Energy Efficiency Standards require an EPC rating of E or above for all privately rented properties in England. Birmingham's older housing stock makes EPC compliance a material concern:
- EPC E minimum — now: Letting a property rated F or G without a registered exemption is a civil offence with penalties up to £5,000
- EPC C target by 2030: Government policy proposes a minimum EPC C rating for new tenancies from 2028 and all tenancies from 2030. Start planning capital works now
- Cost cap exemption: If the cost of improvements to reach EPC E exceeds £3,500, you may register an exemption on the PRS Exemptions Register
- Birmingham pre-war terraces: Many pre-1919 Birmingham terraces have solid walls making cavity-wall insulation impossible. Explore external wall insulation or internal lining — specialist advice is essential before investing
2026 Birmingham landlord compliance checklist
Every item below is a legal obligation — not a recommendation:
- Selective/additional licensing: check Birmingham City Council's current designation maps for every property you let and hold a valid licence where required
- New tenancy agreements: use a Periodic Assured Tenancy Agreement from 1 May 2026 onwards — no fixed-term ASTs
- Information Sheet: serve the Renters' Rights Act Information Sheet on all existing tenants by 31 May 2026
- Awaab's Law log: establish a written hazard reporting and repair log before 31 May 2026
- Gas Safety Certificate: annually renewed; copy to tenant before or on day of move-in
- EICR: current (within 5 years); copy to tenant within 28 days of request
- EPC: minimum E rating; valid (issued within 10 years); copy to tenant at start of tenancy
- Deposit protection: scheme protection and Prescribed Information within 30 days of receipt
- Right to Rent: check all adult occupants' immigration status before tenancy start
- Smoke and CO alarms: smoke detector on every floor; CO alarm in every room with a combustion appliance
Frequently asked questions
Do I need a selective licence to rent out a property in Birmingham in 2026?+
It depends on the ward and street. Birmingham City Council operates selective licensing in multiple designated areas across the city. You must check the current designation maps on the Birmingham City Council website for your specific property address. Operating without a required licence is a criminal offence — you face an unlimited fine and your tenant can apply for a Rent Repayment Order covering up to 12 months of rent.
What happens to my existing AST in Birmingham after 1 May 2026?+
An existing Assured Shorthold Tenancy continues as a Periodic Assured Tenancy from 1 May 2026 by operation of the Renters' Rights Act 2025. You must serve the Renters' Rights Act Information Sheet on every named tenant by 31 May 2026. You can no longer use Section 21 — possession from 1 May 2026 onwards requires a valid Section 8 notice using a prescribed ground.
My Birmingham property has 4 bedrooms. Do I need an HMO licence?+
It depends on the number of occupants and households. A property with 5 or more occupants forming 2 or more households requires a mandatory HMO licence regardless of location. A property with 3–4 occupants in a designated additional licensing area in Birmingham also requires a licence. Check both the mandatory licensing thresholds and Birmingham City Council's additional licensing scheme for your property's ward.
What is the penalty for failing to serve the Information Sheet by 31 May 2026?+
Up to £7,000 per tenancy. Additionally, you cannot serve a valid Section 8 Ground 1 (landlord occupation) or Ground 1A (sale) notice unless you can show the Information Sheet was served first. If you issue a Section 8 notice for these grounds without prior service of the Information Sheet, the court will strike out your possession claim.
How is Awaab's Law enforced in Birmingham?+
Birmingham City Council's Environmental Health service can issue Improvement Notices and Civil Penalty Notices against landlords who fail to comply with the Awaab's Law repair timeframes. The council received additional enforcement funding from central government and has committed to increasing proactive inspections of older PRS stock. Failure to comply with an Improvement Notice is a criminal offence.