Medway Landlord Compliance 2026 — Renters' Rights Act, HMO Licensing and Kent PRS Obligations

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

All Medway 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 and void. All possession must use Section 8 and one of the statutory grounds 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 Assured Shorthold Tenancies are no longer available for new private residential lets in England
• Awaab's Law in force: Mandatory statutory timeframes apply for responding to, investigating, and repairing damp, mould, and HHSRS hazards — particularly relevant to Medway's Victorian and Edwardian terrace stock
• Information Sheet obligation: Every landlord with an existing tenancy on 1 May 2026 was required to serve the official RRA 2025 Information Sheet on every named tenant by 31 May 2026. That deadline has passed — serve immediately if not yet done. Penalty: up to £7,000 per tenancy
• Pet request right: Tenants on PATs have a statutory right to request a pet in writing. Landlords must respond within 42 days; no response is deemed consent
• Civil penalties up to £40,000: The RRA 2025 raises the maximum civil penalty for PRS non-compliance to £40,000 per offence
• Rent increase via Section 13 only: Rent on a PAT can only be raised via a formal Section 13 notice (Form 4A), once every 12 months. Contractual rent-review clauses in PATs are unenforceable

Medway Council — HMO licensing and selective licensing

Medway Council administers HMO licensing and any selective licensing schemes for the Medway unitary authority area. Landlords of multi-occupancy or shared properties must check their obligations before letting.

• Mandatory HMO licensing: All properties in Medway occupied by 5 or more people forming 2 or more separate households require a mandatory HMO licence under the Housing Act 2004. This applies across the entire Medway area
• Additional HMO licensing: Medway Council's position on additional licensing for smaller HMOs (3–4 occupants) should be confirmed directly with the council's private rented sector team. Check the Medway Council website for current designations before letting
• Selective licensing: Medway Council has operated selective licensing in designated areas, particularly in parts of Chatham and Gillingham where housing conditions and demand for private renting are high. Verify the current licensing map using your property's postcode before granting any new tenancy
• Licence conditions: HMO licence conditions in Medway specify minimum room sizes, fire alarm grades (typically LD2 minimum for Chatham terrace conversions), emergency lighting, and maximum occupancy. Victorian and Edwardian conversions in Chatham centre may require significant upgrade works
• Criminal offence — unlicensed HMO: Operating a licensable HMO without a licence is a criminal offence. Conviction carries an unlimited fine. Unlicensed HMO landlords cannot serve a valid Ground 8 Section 8 notice and tenants can apply for a Rent Repayment Order of up to 12 months' rent
• Medway Council enforcement: Medway's private sector housing team is active in enforcement. Civil penalty notices, improvement notices, and emergency prohibition orders have all been used in recent years

Awaab's Law — Medway context

Medway's private rented sector includes a high proportion of Victorian and Edwardian terrace properties, particularly in Chatham, Gillingham, and Strood. These stock types are well-known for damp and condensation challenges, and Awaab's Law creates mandatory obligations for all landlords.

• Acknowledge every report in writing: All damp, mould, or hazard reports must be acknowledged in writing within the statutory period. Verbal responses do not satisfy the obligation
• Investigate promptly: Landlords must attend and inspect, identify the root cause of the hazard, and produce a written record of findings
• Emergency hazards — 24 hours: Burst pipes causing structural damage, blocked flues with CO risk, or other immediately dangerous conditions must begin to be addressed within 24 hours
• Address root causes — not symptoms: Surface mould treatment without addressing the underlying cause does not comply with Awaab's Law. Solid wall Victorian terrace properties in Chatham and Gillingham often have penetrating damp through external brickwork — the root cause must be addressed
• Document all actions: Full records of reports, inspections, repair instructions, contractor invoices, and completion dates are essential for any Medway Council enforcement action or First-tier Tribunal defence
• Solid-wall terrace stock: Much of Chatham and Gillingham's terrace housing has no cavity wall insulation. Cold-bridging condensation damp is endemic in these properties. Awaab's Law repair may require insulation improvement in addition to surface treatment

MEES and EPC obligations — Medway landlords

The Minimum Energy Efficiency Standards require all new lettings in England to hold a minimum EPC rating of Band E. Government policy targets Band C by 2030 for all PRS properties.

• Current standard — EPC Band E: All Medway private rented properties must hold a valid EPC of Band E or above before any new tenancy. Letting sub-standard properties (Band F or G) without a registered exemption is a civil penalty offence
• 2030 target — EPC Band C: Medway's Victorian and Edwardian terrace stock — solid-wall construction with older boilers and single-glazed windows — will face significant EPC upgrade costs to reach Band C. Start planning now
• ECO4 and GBIS funding: Where tenants receive qualifying benefits (Universal Credit, Housing Benefit, Pension Credit), ECO4 grants may fund insulation and heating upgrades. The Great British Insulation Scheme covers a wider range of D–G-rated properties
• Warm Homes Plan: Subsidised loan guarantees for private landlords funding energy efficiency improvements are available through the Warm Homes Plan via approved lenders
• Obtain a current EPC: Ensure your EPC is within its 10-year validity period and reflects any improvement works since issue. Give a copy to the tenant before or on the tenancy start date

Section 8 possession for Medway landlords

Section 21 is abolished from 1 May 2026. All Medway possession claims must now use Section 8 Form 3A and cite a statutory ground. The main grounds relevant to Medway landlords:

• Ground 8 — mandatory rent arrears: At least 3 months' rent (raised from 2 months by RRA 2025) owed both at notice service and the court hearing. The court must grant possession if proved
• Ground 8A — persistent arrears (new, RRA 2025): Tenant has been in arrears of at least 3 months' rent on 3 separate occasions in a 3-year rolling period. A new mandatory ground
• Ground 1A — landlord intends to sell: 4-month notice period; 12-month tenancy minimum; 12-month re-let ban after recovering possession under this ground
• Ground 14 — anti-social behaviour: Discretionary ground requiring evidence of nuisance or annoyance. Essential to document incidents, with dates and witness statements, before serving
• Form 3A — prescribed form: All Section 8 notices must use the new RRA 2025 Form 3A. The old Form 3 is void for notices served on or after 1 May 2026

Medway PRS — specific considerations for landlords

Medway has some characteristics that make particular compliance areas especially important in 2026.

• Military and dockyard terrace stock in Chatham: Much of central Chatham's housing was built for naval and dockyard workers in the Victorian and Edwardian era. These properties have specific compliance challenges: solid-wall damp, high heat loss, and conversion histories that may complicate HMO room size compliance
• Commuter demand from London: Medway's proximity to London and improving rail links (Chatham to London Victoria in around 50 minutes) have attracted landlord investment. Higher rental values than elsewhere in Kent mean SDLT surcharges and Section 24 mortgage interest restrictions have more material impact on returns
• Medway Council enforcement: The council is an active enforcement authority. Landlords with disrepair issues, unlicensed HMOs, or compliance gaps face civil penalty notices and prohibition orders. Document all maintenance activity
• Property Portal registration: All England landlords must register with the national PRS Property Portal under the RRA 2025. Medway landlords should complete registration promptly — non-registration prevents serving certain possession notices

Frequently asked questions