Winchester Landlord Compliance 2026 — Renters' Rights Act, HMO Licensing and Hampshire PRS Obligations

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

All Winchester 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 Schedule 2 grounds under the Housing Act 1988 (as amended by the RRA 2025)
• 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 acknowledging, investigating, and repairing damp, mould, and HHSRS hazards — particularly relevant to Winchester's older stone and Victorian terrace stock
• Information Sheet obligation: Every landlord with a tenancy in place 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 in writing within 42 days; no response is deemed consent
• Civil penalties up to £40,000: The RRA 2025 increases maximum civil penalties for PRS non-compliance from £30,000 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 using Form 4A, once every 12 months. Contractual rent-review clauses in new PAT agreements are unenforceable

Winchester City Council — HMO and licensing

Winchester City Council administers mandatory HMO licensing and any additional or selective licensing schemes for the district. The University of Winchester generates significant HMO demand in the areas around Bar End, Stanmore, and Winnall.

• Mandatory HMO licensing: All properties in Winchester 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 whole district
• Additional HMO licensing: Winchester City Council's current position on additional licensing for smaller HMOs (3–4 occupants, typically student or professional sharers) should be confirmed with the council's Private Sector Housing team. Student HMO areas around the University of Winchester campus may be subject to or under consideration for additional licensing
• Selective licensing: Landlords in parts of Winchester with higher concentrations of private rented stock should verify the current licensing map with Winchester City Council. The council has the power to introduce selective licensing following statutory consultation
• Licence conditions: HMO licence conditions specify minimum room sizes (6.51 m² for a single adult, 10.22 m² for two adults), required fire detection grade, emergency lighting, and maximum permitted occupancy. Winchester's older HMO stock may require significant upgrade works
• Article 4 directions: Winchester City Council operates Article 4 directions in parts of the city restricting conversion of residential dwellings (C3) to small HMOs (C4) without planning permission. Confirm the Article 4 boundary before purchasing or converting any property for HMO use

Section 8 possession in Winchester post-May 2026

With Section 21 abolished, Winchester landlords must use Section 8 and establish a statutory ground. Key grounds and notice periods post-May 2026:

• Ground 1A (selling the property): 4 months' notice; 12-month re-letting ban after possession. Cannot be used in the first 12 months of the tenancy
• Ground 1 (own occupation): 4 months' notice; 12-month re-letting ban. Landlord or close family member moving in as principal home
• Ground 4A (student accommodation): Specifically for purpose-built student accommodation or properties let wholly to students. 2 months' notice. Important for Winchester University landlords with qualifying student lets
• Ground 7A (anti-social behaviour): Immediate to 4 weeks' notice depending on severity, prior conviction, or closure order
• Ground 8 (rent arrears — 3 months+): 4 weeks' notice. Tenant must be at least 3 months in arrears at date of notice and at hearing. A mandatory ground
• Ground 8A (persistent arrears): New under RRA 2025; applies where rent has been 2+ months in arrears on 3 separate occasions in the preceding 3 years. 4 weeks' notice. Discretionary
• County Court process: After serving a valid Section 8 notice (Form 3A) and waiting for the notice period, apply to the County Court using Form N5B. Winchester cases are heard at Winchester County Court

Awaab's Law — damp, mould and HHSRS hazards in Winchester

Awaab's Law, extended to the private rented sector by the RRA 2025, imposes mandatory hazard response timeframes. Winchester's historic stone and Victorian terrace stock presents particular challenges:

• Emergency hazards: Must be investigated within 24 hours and emergency works begun within 24 hours of investigation
• Damp and mould: Must be investigated within 14 days; remediation works must begin within 7 days of the investigation report
• Other hazards: Non-emergency HHSRS hazards must be investigated within 48 hours; remediation begun within a reasonable timeframe
• Documentation: Keep a written record of every tenant complaint, inspection, investigation report, and works order. Winchester City Council's Environmental Health team can request this evidence
• Listed buildings and conservation areas: Winchester has extensive conservation areas and a significant proportion of listed buildings. Damp remediation works on listed properties may require listed building consent — budget for planning costs and extended lead times when assessing compliance timescales

Minimum Energy Efficiency Standards and EPC obligations

All residential lets in Winchester must meet minimum EPC requirements. Many of Winchester's historic properties face challenges meeting the forthcoming EPC C target:

• Current requirement: All private lets in England must have an EPC of at least Band E. It is unlawful to grant a new tenancy on a Band F or G property
• EPC C target for 2030: The Government has confirmed an EPC C target for new tenancies by 2030 and all tenancies by 2033. Winchester's listed and older stone-built stock is at risk of failing this threshold
• Listed building exemptions: Properties where achieving Band E or above is not technically feasible without unacceptable changes to the character of a listed building may qualify for an exemption. Register with the PRS Exemptions Register and obtain written confirmation from a heritage consultant
• Warm Homes Plan grants: The Government's Warm Homes Plan includes landlord-accessible grants for eligible properties. A heritage advisor can advise on compatible upgrade measures that do not affect listed status
• EPC registration: All EPCs must be registered on the EPC register. EPCs are valid for 10 years. A new EPC is required if works materially change the property's energy performance

Student HMO obligations in Winchester

The University of Winchester generates significant demand for student HMOs, particularly in Bar End, St Cross, and Stanmore. Student landlords have specific obligations:

• Ground 4A availability: Student accommodation let wholly to full-time students can use Ground 4A for possession at the end of the academic year, but only if the original tenancy agreement included a Ground 4A notice. Ensure new PAT agreements for student lets are properly structured
• Information requirements: Student tenants must receive the Renters' Rights Act Information Sheet, deposit information, and How to Rent guide at the start of each tenancy
• Joint tenancy documentation: Student HMOs frequently involve joint tenancies. Ensure your PAT agreement covers all named tenants jointly and severally and that each tenant has signed
• End-of-year void management: Under PATs, students can give notice to leave at any time. Plan ahead for summer void periods and refresh marketing of HMO rooms to fill gaps
• HMO licence renewal: Winchester HMO licences are typically granted for 5 years. Diarise your renewal date well in advance — renewing after expiry is a criminal offence

Gas, electrical and fire safety in Winchester

England-wide safety certificate obligations apply to all Winchester private rented properties:

• Gas Safety Certificate: Annual inspection by a Gas Safe registered engineer required for every property with gas appliances. Certificate must be given to the tenant within 28 days of issue
• EICR (Electrical Installation Condition Report): Required every 5 years for all private lets. Current EICR must be provided to new tenants at the start of each tenancy
• Smoke alarms: A working smoke alarm on every storey is mandatory. Carbon monoxide detector required in every room with a fixed combustion appliance
• Fire risk assessment (HMOs): All HMOs require a documented fire risk assessment. This must be reviewed annually or after any material change to the property
• Portable Appliance Testing: Not legally mandatory for non-HMO private lets in England, but required under most HMO licence conditions and strongly recommended for student lets

Get compliant: documents Winchester landlords need

LetSafe UK provides regulation-current compliance documents for Winchester landlords. All templates are written to comply with the Renters' Rights Act 2025 in its current form:

• Periodic Assured Tenancy Agreement (LS-E-001): The replacement for the AST, compliant with the RRA 2025 PAT regime. Includes pet request procedure, Section 13 rent increase clause, and all prescribed terms
• Section 8 Notice Pack (LS-E-010): Form 3A-compliant Section 8 notices for all grounds, including Ground 4A for student accommodation
• Renters' Rights Act Information Sheet (LS-E-011): The official information sheet you must serve on every existing tenant. Pre-completion form ready to date and serve

Frequently asked questions