Durham's private rented sector is one of the most student-intensive in England. Durham University (Russell Group) and Durham University's affiliated colleges create extraordinary demand for student HMOs within walking distance of the city centre and the Science Site. The Gilesgate, Nevilles Cross, Framwellgate Moor, and Claypath areas are the primary student rental corridors, with very high concentrations of shared houses and small HMOs.
Durham County Council administers mandatory HMO licensing for larger properties and operates additional licensing schemes in student-heavy areas. The Renters' Rights Act 2025 adds national obligations from 1 May 2026, most critically the abolition of Section 21, mandatory Periodic Assured Tenancy Agreements, and the introduction of Ground 4A as the dedicated student possession route — a provision designed specifically to replace fixed-term ASTs for student landlords.
Renters' Rights Act 2025 — England-wide obligations from 1 May 2026
All Durham private landlords must comply with these national changes from 1 May 2026:
- Section 21 abolished: No-fault eviction notices served on or after 1 May 2026 are unlawful. All possession must use Section 8 and one of the revised Schedule 2 grounds only
- 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: Mandatory statutory timeframes for responding to, investigating, and repairing damp, mould, and other HHSRS hazards in all private rented properties
- Information Sheet obligation: Every landlord with an existing tenancy as at 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 have the right to request a pet. Landlords must respond in writing within 42 days or consent is deemed given
- Civil penalties up to £40,000: Maximum civil penalties for PRS non-compliance rise to £40,000 per offence under the RRA 2025
- Rent increase via Section 13 only: Rent on a PAT can only be raised via formal Section 13 notice (Form 4A), once every 12 months
Ground 4A — student possession for Durham student landlords
Ground 4A is the dedicated student possession ground introduced by the Renters' Rights Act 2025, replacing the fixed-term AST model that student landlords in Durham have relied on for decades.
- What Ground 4A does: Allows a landlord to recover possession of a property let to full-time students, provided the tenancy agreement was signed before the tenancy commenced and the property is purpose-let to full-time students
- Notice period under Ground 4A: 2 months' written notice must be given. Notice cannot be served before 1 June in the academic year to which it relates, and possession cannot be recovered before 31 August in that year
- Mandatory ground: Ground 4A is a mandatory possession ground — courts must grant possession if the landlord has complied with the procedural requirements, regardless of the tenant's personal circumstances
- Purpose-built student accommodation excluded: Ground 4A applies to privately let residential properties, not Purpose-Built Student Accommodation (PBSA)
- Timing critical for Durham: Durham student lets typically run September to August (or June to August for shorter cycles). Landlords must serve Ground 4A notices no earlier than 1 June and calculate notice periods carefully to align with Durham University's academic calendar
- Student definition: All joint tenants must be full-time students for Ground 4A to apply. Where even one tenant is not a full-time student, Ground 4A cannot be used
Durham County Council HMO licensing
Durham County Council administers HMO licensing across County Durham including Durham City, with mandatory and additional licensing applying in designated areas.
- Mandatory HMO licensing: All Durham City properties occupied by 5 or more people forming 2 or more separate households require a mandatory HMO licence. Applications must be made to Durham County Council before the property is occupied as an HMO
- Additional HMO licensing in Durham City: Durham County Council has operated additional licensing schemes in Durham City's student-heavy areas covering 3–4 occupant HMOs. Check the current register — additional schemes are time-limited
- Article 4 Directions: Durham has Article 4 Directions in significant parts of Durham City requiring planning permission for C3 to C4 HMO conversions. Check Durham County Council's planning portal before acquiring or converting any property for student use
- HMO licence conditions: Durham HMO licences specify minimum room sizes (6.51 m² for a single adult sleeping room), fire detection grades (Grade D minimum, Grade A for larger HMOs), fire door requirements, and maximum occupancy
- Selective licensing: Durham County Council may designate selective licensing in areas beyond the student core. Confirm the current position before letting in any part of County Durham
Awaab's Law — damp and mould obligations for Durham landlords
Awaab's Law applies to all private rented properties in England from 1 May 2026, including Durham student HMOs where damp and mould are a common concern.
- Emergency hazards — 24 hours: Begin emergency work to make the property safe within 24 hours of notification of an emergency hazard
- Urgent repairs — 7 days: Investigate and issue a repair plan within 7 days for serious damp, mould, or HHSRS Category 1 hazards
- Non-urgent repairs — 28 days: Assess and communicate a remediation schedule within 28 days for less serious hazards
- Durham student HMO vulnerability: Older terraced student properties in Durham City are disproportionately prone to condensation and mould. Awaab's Law makes failure to respond a civil offence carrying penalties up to £40,000
- Documentation required: All damp and mould reports, inspections, and repair schedules must be recorded in writing and retained throughout the tenancy
Right to rent — Durham landlord obligations
All Durham landlords must conduct right to rent checks before the tenancy start date for every adult occupant.
- International student checks: Durham University attracts a significant international student population. Non-EEA students with student visas have a time-limited right to rent. Share codes from the Home Office online service must be used for those with BRP or eVisa
- All adult occupants must be checked: Right to rent checks are required for every adult who will occupy the property, including non-tenant adult occupants
- IDVT or manual checks: British and Irish nationals can be checked via an Identity Document Validation Technology provider or by manual document inspection
- Record retention: Document copies must be retained for the duration of the tenancy and one year after it ends
- Penalty for failure: Letting to a person without right to rent is a criminal offence carrying an unlimited fine and up to 5 years' imprisonment
Gas and electrical safety — Durham landlord requirements
Durham landlords must maintain and certify all gas and electrical installations in their rental properties.
- Gas Safety Certificate annually: All gas appliances and installations must be checked by a Gas Safe registered engineer every 12 months. The CP12 record must be given to tenants within 28 days
- EICR every 5 years: An Electrical Installation Condition Report must be produced at least every 5 years by a qualified electrician and given to tenants before occupation
- Smoke alarms on every storey: A working smoke alarm must be present on every storey used as living accommodation, tested at the start of each tenancy
- CO alarms required: Carbon monoxide alarms are mandatory in rooms with solid fuel appliances and rooms with gas boilers in properties let from October 2022
- HMO fire safety upgrade: Durham HMO licences may require Grade A (hardwired, interlinked) fire detection, emergency lighting, and compliant fire doors depending on the size and layout of the property
Durham landlord compliance checklist 2026
Key actions for Durham landlords in 2026:
- Obtain or renew HMO licence if property meets the 5+ person / 2+ household threshold
- Check whether your Durham property falls within an additional or selective licensing area
- Verify Article 4 Direction restrictions before acquiring or converting any Durham City property for HMO use
- Issue RRA 2025 Information Sheet to all existing tenants by 31 May 2026
- Transition all new tenancies from 1 May 2026 to PAT agreements
- For student lets: use Ground 4A (not fixed-term ASTs) for possession from academic year 2026–27
- Serve Ground 4A notices no earlier than 1 June, targeting possession by 31 August
- Protect deposits within 30 days and serve prescribed information
- Maintain valid EPC (minimum E), Gas Safety Certificate, and EICR
- Conduct right to rent checks — use Home Office online service for international students
- Record all damp/mould reports and respond within Awaab's Law statutory timeframes
Frequently asked questions
Can I still use fixed-term tenancy agreements for Durham student lets in 2026?+
No. Fixed-term ASTs are abolished for new lets from 1 May 2026. Durham student landlords must use Periodic Assured Tenancy Agreements and rely on Ground 4A for possession at the end of the academic year. Ground 4A is a mandatory ground specifically designed to replace fixed-term ASTs for student landlords.
When can I serve a Ground 4A notice for a Durham student let?+
Ground 4A notices cannot be served before 1 June in the academic year to which they relate. Possession cannot be recovered before 31 August. For Durham University's standard September intake, serve the notice in June with 2 months' notice to recover possession by 31 August.
Do I need an HMO licence for my Durham student house?+
Mandatory HMO licensing applies if your property has 5 or more occupants from 2 or more separate households. Durham County Council also operates additional licensing schemes covering smaller HMOs in Durham City's student areas. Check the current licensing register with Durham County Council before letting.
What does Awaab's Law mean for Durham student landlord in 2026?+
Awaab's Law requires all private landlords — including student landlords — to respond to damp and mould reports within statutory timeframes: emergency hazards within 24 hours, serious damp/mould within 7 days, other hazards within 28 days. Older Durham student terraces are particularly prone to condensation damp. Failure to respond is a civil offence with penalties up to £40,000.