Burnley Landlord Compliance 2026 — Renters' Rights Act, Selective Licensing and Key Obligations

Renters' Rights Act 2025 — England-wide obligations from 1 May 2026

All Burnley private landlords must comply with these national changes from 1 May 2026:

• Section 21 abolished: No-fault eviction notices are unlawful for any tenancy from 1 May 2026. All possession must use Section 8 and a statutory Schedule 2 ground
• Periodic Assured Tenancy Agreement required: All new tenancies from 1 May 2026 must use a PAT-compliant agreement. Fixed-term ASTs are no longer available for new private residential lets in England
• Awaab's Law in force: Statutory timeframes for acknowledging, investigating, and repairing damp, mould, and HHSRS hazards apply from 1 May 2026
• Information Sheet obligation: All landlords with existing tenancies on 1 May 2026 must deliver the official RRA 2025 Information Sheet to every named tenant by 31 May 2026. Penalty: up to £7,000 per tenancy
• Pet request right: Tenants on PATs may request a pet in writing. Landlords must respond within 42 days or consent is deemed given
• Civil penalties up to £40,000: The RRA 2025 increases maximum civil penalties for PRS non-compliance to £40,000 per offence
• Rent increase via Section 13 only: Rent on a PAT can only be raised using a formal Section 13 notice (Form 4A). Contractual rent review clauses in new agreements are unenforceable

Burnley Borough Council selective licensing

Burnley Borough Council operates selective licensing across significant parts of the borough under Part 3 of the Housing Act 2004. If your property is in a designated area, you need a selective licence regardless of property type or occupancy level.

• Selective licensing designation: Burnley has used its Part 3 Housing Act 2004 powers to designate selective licensing areas across high-deprivation wards. Confirm current scheme boundaries on the council's website — boundaries change as schemes are renewed or extended. Do not assume a prior scheme applies without checking the current designation order
• Application and cost: Selective licences are typically valid for up to 5 years. Fees vary depending on property type and accreditation status. Burnley Borough Council has offered reduced fees for NRLA or other accredited landlords
• Licence conditions: Standard conditions include: annual gas safety certificate (CP12 provided to tenants); current electrical installation condition report (EICR, provided within 28 days of issue); smoke and CO alarms in working order at the start of each tenancy; written tenancy agreement and check-in inventory; maximum permitted occupancy; fit-and-proper-person declaration from all licence holders
• Penalties for non-compliance: Letting without a required selective licence is a criminal offence. Civil penalties reach up to £30,000 per unlicensed property. Unlicensed landlords cannot serve valid Section 8 Ground 8 (serious rent arrears) notices and face rent repayment orders of up to 12 months' rent
• Mandatory HMO licensing: Properties occupied by 5 or more persons from 2 or more households also require a mandatory HMO licence under Part 2 of the Housing Act 2004 — both selective and mandatory HMO licensing may apply simultaneously to the same property

Awaab's Law — Burnley context

Burnley's older housing stock — primarily Victorian and Edwardian terraces — is particularly prone to damp and condensation problems. Awaab's Law creates strict statutory obligations for landlords regardless of the age or condition of the building.

• Acknowledge every report in writing: All reports of damp, mould, or HHSRS hazards must be acknowledged in writing within 3 working days. Verbal acknowledgment does not satisfy the statutory requirement
• Investigate within 14 days: Non-emergency hazards must be investigated within 14 days of the report. For older Burnley terraces, root causes are often inadequate ventilation, cold bridging at solid wall junctions, or defective rainwater goods
• Repair within the statutory repair period: The repair must address the underlying cause — surface mould treatments alone will not comply. Victorian solid-wall properties often need improved ventilation (trickle vents, MVHR), draught-proofing, and heating upgrades rather than superficial treatment
• Emergency repairs in 24 hours: Hazards posing an immediate risk — burst pipes, severe water ingress, heating failure in cold weather — must be addressed within 24 hours
• Document all actions: Maintain written records of every report, inspection, repair instruction, and completion date. These are essential for any enforcement defence

HMO licensing in Burnley

Burnley has a meaningful HMO market given the demand from young professionals, workers, and students. The combination of low room rents and low acquisition costs attracts HMO investors.

• Mandatory HMO licensing: Required for all Burnley properties with 5 or more occupants forming 2 or more separate households. Apply to Burnley Borough Council before the property is occupied — operating without a mandatory HMO licence is a criminal offence
• Additional HMO licensing: Burnley may operate additional HMO licensing covering smaller HMOs (3–4 occupants from 2+ households) in specified areas. Check the current scheme boundaries on the council website before assuming an additional licence is not required
• Licence conditions: Include minimum room sizes (6.51 m² per adult sleeping room), appropriate fire detection grade, fire doors to habitable rooms on escape routes in larger HMOs, and maximum occupancy limits
• Ground 4A — student HMOs: Where all occupants are full-time students, landlords may use Ground 4A to recover possession between June and September under the Renters' Rights Act 2025 — this partially replaces the academic-year certainty previously provided by fixed-term ASTs

EPC and energy efficiency — Burnley's older stock

Burnley's stock of Victorian and Edwardian terraces presents energy efficiency challenges. Many properties are currently EPC D or E — approaching or below the proposed 2030 Band C requirement.

• Current MEES minimum: All privately let properties must have a minimum EPC rating of E. Letting an F or G rated property without a valid exemption is a breach of the Minimum Energy Efficiency Standards carrying civil penalties up to £30,000
• EPC Band C 2030 target: Government policy proposes Band C for all new PRS tenancies by 2030. Burnley's terraced housing stock often responds well to cavity wall insulation (where the cavity exists), loft insulation, and efficient boiler replacement
• ECO4 Scheme: Eligible Burnley properties — those with tenants on qualifying benefits or with low EPC ratings — may qualify for ECO4 grants for insulation and heating system improvements. Engage with the council's energy efficiency team or a scheme installer

Key documents for Burnley landlords

LetSafe UK provides all England compliance documents updated for the Renters' Rights Act 2025:

• Periodic Assured Tenancy Agreement (England): PAT-compliant tenancy agreement for all new Burnley lettings from 1 May 2026, including pet clause and all prescribed information
• Section 8 Notice (Form 3A): Updated for all Schedule 2 grounds under the Renters' Rights Act 2025, including mandatory Ground 8 (serious arrears) and discretionary Ground 14 (antisocial behaviour)
• Section 13 Rent Increase Notice (Form 4A): The only lawful method of raising rent on a Periodic Assured Tenancy — 2-month advance notice with First-tier Tribunal challenge rights
• RRA 2025 Information Sheet: Required for all existing tenants by 31 May 2026 to avoid £7,000 penalties

Frequently asked questions