Derby · Council area
Derby City Council: landlord licensing 2026
- Reviewed
- Council
- Official page
In force here
Licensing in Derby City Council
Schemes are designated for a fixed period and are redesignated, widened or dropped. Treat this as the shape of the local regime and confirm the current designation on the council’s own licensing page before you let.
- The council warns that it has a large backlog of HMO licence applications and that the 90-day processing time may be exceeded before you hear from it
- An HMO includes a house or self-contained flat where three or more people in two or more households share basic facilities, and buildings of non-self-contained units on the same test
- Section 257 conversions count where the building does not meet the 1991 Building Regulations standard and fewer than two thirds of the flats are owner occupied
- Two unrelated people sharing a flat or house do not make it an HMO; a carer, au pair or nanny can be treated as part of the family household
- The council is consulting separately on an Article 4 direction for HMOs, which would require planning permission to convert a family home into a small share
National duties
The duties that apply here whatever the council does
A licence sits on top of these, it does not replace them. Renewal cycles and maximum penalties are the same in every England council area.
| Duty | Renewal | Maximum penalty |
|---|---|---|
| Gas SafetyGas Safety (Installation and Use) Regulations 1998 | Every 12 months | Unlimited fine + up to 2 years in prison |
| EICRElectrical Safety Standards in the Private Rented Sector (England) Regulations 2020 | Every 5 years | £40,000 per property |
| EPCEnergy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 | Every 10 years / on new tenancy | £5,000 per property |
| DepositHousing Act 2004, as amended by the Localism Act 2011 | 30 days from receipt | 1-3× deposit as damages |
| Right to RentImmigration Act 2014, amended by Immigration Act 2016 | Before tenancy starts | Up to £20,000 per occupant |
| Section 8Housing Act 1988, s.8 (as amended by Renters’ Rights Act 2025) | When seeking possession | Possession refused if compliance missing |
| RRA 2025Renters' Rights Act 2025 (Royal Assent 27 Oct 2025; principal commencement 1 May 2026) | Phase-in from 1 May 2026 | £7,000 → £40,000 (serious/repeat) + unlimited criminal |
Each row links to the full duty: what it obliges you to do, what happens when it is missed and the practical way to stay on top of it. Read the national guide.
If you get it wrong
What letting without a licence costs
These are statutory, not local. A council that has designated a scheme can use all three, and a tenant can bring the second one without the council being involved at all.
- Civil penalty
- Up to £40,000Imposed by the council itself, without a prosecution. Serious or repeated breaches sit at the top of the range.
- Rent Repayment Order
- Up to 2 years’ rentThe tenant, or the council, applies to the First-tier Tribunal to have rent paid back. It is separate from the penalty above, not instead of it.
- Prosecution
- Unlimited fineLetting an unlicensed HMO, or breaching a licence condition, is a criminal offence and can be prosecuted rather than penalised.
Check your address
Three steps before you let the property
Designations are drawn by ward and sometimes by street, so the only answer that counts is the one for your address.
Put the address into the council’s own checker
It is the only source that is definitive for this borough, and it is the one the council will hold you to.
Derby City Council licensingCheck the property against the national thresholds
Mandatory HMO licensing is national, not local: five or more occupants forming two or more households need a licence wherever the property is, with no local scheme required.
Free postcode licensing checkerGet the evidence together before you apply
Most applications ask for the same documents you already owe the tenant: the gas safety record, the EICR, the EPC, and the fire detection and escape arrangements for an HMO. The council’s list is the one that counts, but nothing on it will be a surprise if those are current.
FAQs
Derby City Council: the questions landlords ask
How long will a Derby HMO licence take?
Longer than 90 days at the moment. Derby states on its own HMO pages that it has a large backlog and the statutory 90-day processing time may be exceeded, so apply well before the tenancy is due to start.
Is a two-person flat share an HMO in Derby?
No. The council sets out that two unrelated people sharing a flat or house do not constitute an HMO. The test starts at three or more people forming two or more households sharing basic facilities.
Reviewed by Erdem Volkan, last checked 19 April 2026. General information about the rules in this area, not advice on a specific property or dispute.
Postcode districts
Narrow it to an outward code
Designations are ward-level, so the outward code is a better guide than the borough. Always confirm on the council checker.
Run a let through it
Every date on this page, tracked for your Derby property
Licence renewals, the gas and electrical certificates, the deposit clock and the notices all sit in one place, alongside the advert, the tenancy, the rent and the repairs. Free for one property, no card needed.