Derby City Council operates HMO licensing under the Housing Act 2004, and may operate selective or additional licensing schemes in designated areas. The Renters' Rights Act 2025 adds a national compliance layer across all Derby landlords — abolishing Section 21 for all new tenancies from 1 May 2026, requiring Periodic Assured Tenancy Agreements for all new lettings, and increasing civil penalties to up to £40,000.
Derby's private rented sector spans a range of property types — from Victorian terrace stock in Normanton, Arboretum, and Peartree to modern city centre apartments near the Friar Gate and Cathedral Quarter regeneration zones. Gross buy-to-let yields of 6–9% are achievable on terraced housing in the DE22–DE23 postcode areas. University of Derby students drive HMO demand in the Kedleston Road and Markeaton areas.
Renters' Rights Act 2025 — England-wide obligations from 1 May 2026
The following apply to all private landlords in England, including Derby, from 1 May 2026:
- Section 21 abolished: No-fault eviction notices are unlawful for any tenancy from 1 May 2026. Possession requires a Section 8 notice citing a statutory ground under the revised Housing Act 1988 Schedule 2
- Periodic Assured Tenancy Agreement required: All new tenancies from 1 May 2026 must use a Periodic Assured Tenancy (PAT) Agreement. Fixed-term ASTs are no longer available for new grants. Student landlords can rely on Ground 4A for academic-year possession
- Awaab's Law in force: Mandatory statutory timeframes apply for responding to, investigating, and repairing damp, mould, and HHSRS hazards in the private rented sector. Derby's older terrace stock in inner-city wards carries elevated compliance risk
- 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 PATs may request a pet. Landlords must respond in writing within 42 days; no response is deemed consent
- Civil penalties up to £40,000: The RRA 2025 raised the maximum civil penalty from £30,000 to £40,000 per offence
- Rent increase via Section 13 only: Rent on a PAT can only be raised using a Section 13 notice and Form 4A. Contractual rent-review clauses in PAT agreements are unenforceable
Derby City Council HMO and property licensing
Derby City Council operates HMO licensing and may operate additional and selective licensing schemes in designated areas of the city:
- Mandatory HMO licensing: Any property with 5 or more occupants from 2 or more separate households requires a mandatory HMO licence under the Housing Act 2004 nationally. Derby has active HMO stock near the university and in student areas
- Additional HMO licensing: Derby City Council may operate additional licensing for smaller HMOs (3–4 occupants from 2 or more households) in designated areas. Check the Derby City Council licensing portal or housing team for current scheme coverage
- Selective licensing: Verify whether Derby City Council operates any selective licensing designations in force in 2026. Schemes are periodically reviewed — always check with the council before letting a property in any ward
- HMO licence conditions: Derby HMO licences impose conditions on occupancy limits, room sizes, fire safety (alarms, fire doors), annual gas safety certificate (CP12), and 5-yearly EICR
- Operating without a required licence is a criminal offence. Civil penalties up to £30,000 apply (up to £40,000 for RRA offences). Tenants can apply for a Rent Repayment Order covering up to 12 months' rent
Derby student landlords — University of Derby and Ground 4A
The University of Derby has campuses in the city centre and Kedleston Road, generating demand for student HMOs in the DE22 (Markeaton, Kedleston Park) and DE1 (city centre) postcode areas. From May 2026:
- No more fixed-term student ASTs: All new student tenancies from 1 May 2026 must use Periodic Assured Tenancy Agreements — fixed-term July–June student ASTs are abolished
- Ground 4A possession: Derby student HMO landlords can recover possession at the end of the academic year using Ground 4A, provided the property is occupied wholly or mainly by full-time students, at least 2 months' notice is served, and notice is given within the statutory notice window
- Ground 4A errors (incorrect timing or insufficient notice) invalidate the notice and can prevent possession. Use correctly drafted notices and keep proof of service
- Student tenancies in Derby where the property also requires an HMO licence should confirm Ground 4A eligibility against the licence conditions
Awaab's Law and Derby's older housing stock
Derby's inner-city areas — including Normanton, Arboretum, Peartree, and New Normanton — contain significant pre-1940 terrace housing with known damp, cold penetration, and condensation issues. Awaab's Law creates mandatory response timeframes from 1 May 2026:
- Emergency hazards: Begin investigating and start emergency repairs within 24 hours of a tenant report
- Urgent hazards (damp, mould, cold): Investigation completed and repair plan issued within the statutory period; full remediation within the second statutory period
- Non-emergency hazards: Written response to a tenant complaint within 14 days
- Derby City Council's housing enforcement team can issue improvement notices and civil penalties under HHSRS powers without court proceedings
- Document all tenant hazard reports, inspection visits, and repair completions in writing — this is your primary evidence in both enforcement proceedings and disrepair claims
Derby landlord compliance checklist 2026
Key compliance requirements for Derby landlords:
- Check whether your property requires a mandatory, additional, or selective licence — use Derby City Council's licensing portal
- Obtain or renew any required licence before expiry
- Use a Periodic Assured Tenancy Agreement for all new tenancies from 1 May 2026
- Serve the RRA 2025 Information Sheet on all existing tenants by 31 May 2026
- Ensure a valid EPC (minimum E rating) is in place
- Hold a current Gas Safety Record (CP12, annual) and EICR (5-yearly)
- Respond to damp, mould, or repair reports within Awaab's Law timeframes
- Use Section 13 Form 4A for any rent increase — contractual clauses unenforceable
- Use Section 8 with the correct ground for possession — Section 21 is abolished
Frequently asked questions
Does the Renters' Rights Act apply to Derby landlords?+
Yes. Derby is in England (East Midlands) and all Renters' Rights Act 2025 provisions apply from 1 May 2026. Section 21 is permanently abolished. All new tenancy agreements must be Periodic Assured Tenancies. Rent increases require Section 13 Form 4A. Existing tenants must receive the Information Sheet by 31 May 2026. Civil penalties reach up to £40,000.
Do I need an HMO licence for my Derby rental property?+
Mandatory HMO licensing applies nationally for properties with 5 or more occupants from 2 or more separate households. Derby City Council may also operate additional licensing for smaller shared properties. Check Derby City Council's housing licensing portal with your property postcode before letting. Operating without a required licence is a criminal offence.
Can Derby student landlords still offer fixed-term tenancies in 2026?+
No. Fixed-term ASTs are abolished from 1 May 2026. Derby student landlords must use Periodic Assured Tenancy Agreements. Academic-year possession is achieved using Ground 4A, which requires at least 2 months' notice within the correct statutory window. Ground 4A is only available for dwellings occupied wholly or mainly by full-time students.
What notice period do I need for a Section 8 eviction in Derby?+
Notice periods depend on the Section 8 ground used. Key examples: Ground 8 (mandatory rent arrears 2+ months) — 4 weeks; Ground 1 (owner occupation) — 2 months; Ground 1A (landlord intends to sell) — 2 months with a 6-month moratorium; Ground 4A (student possession) — 2 months within notice window; Ground 14 (nuisance/annoyance) — notice valid immediately. Always check the correct period for the specific ground.