Derby · HMO-dense + Article 4
DE23: letting and licensing
- Council
- Derby City Council
- Profile
- HMO-dense + Article 4
- Reviewed
Who rents here
Dense terraced stock let as shared houses; watch the proposed Article 4 direction.
HMO-dense + Article 4
HMO conversions and shared houses dominate the stock. Article 4 Direction means a new C3-to-C4 conversion needs full planning permission, not permitted-development rights. Mandatory and additional HMO licensing combine, and councils run unannounced fire-safety and overcrowding inspections regularly.
Coverage
What DE23 actually covers
Electoral wards touched by the outward code, from the ONS postcode directory, checked 18 September 2026. Licensing designations are drawn by ward, so this is the list to match your address against.
DE23 crosses a council boundary. It falls in Derby, South Derbyshire, and nothing Derby City Council designates applies to the South Derbyshire part of it. Check the address, not the postcode.
Before you let
The pre-tenancy checklist for DE23
Work through it before the property is advertised. One missed step can block a possession ground, trigger a Rent Repayment Order or void the insurance.
Confirm licensing type on the council checker
Open the Derby City Council landlord licensing page, run the full postal address inside DE23, and capture a dated screenshot of the result for your records.
Gas Safety (CP12) - annual
Valid Gas Safety Record in place; new tenants must receive a copy before move-in and current tenants within 28 days of the check.
EICR - every 5 years
Electrical Installation Condition Report must be satisfactory. Issue C1 / C2 remedials within 28 days and keep written confirmation.
EPC / MEES - band E minimum (C by 2030)
Confirm a valid EPC and exemption status if applicable. Plan works early for the confirmed C-band MEES uplift by 1 October 2030.
Deposit protection within 30 days
Protect any deposit in TDS, DPS or MyDeposits and serve Prescribed Information; failure blocks most Section 8 possession grounds and unlocks tenant claims.
Right to Rent before tenancy starts
Run manual, IDVT or Home Office online checks for every adult occupier and keep dated evidence for the tenancy duration plus one year.
Fire safety for HMO / shared lets
Interlinked smoke + CO alarms, fire doors, emergency lighting on escape routes, PAT for supplied electricals and a recent fire risk assessment.
Article 4 planning check before any HMO conversion
Confirm whether the council has an Article 4 Direction in force on the date of the property’s exchange / completion. Where Article 4 applies, a C3-to-C4 conversion needs full planning permission — permitted-development rights have been removed. A retrospective application costs the same as a fresh one, and refusal can require reverting the property at your cost.
Mandatory + additional HMO licence layering
Run BOTH the mandatory HMO test (5+ persons / 2+ households) AND the council’s additional HMO scheme (often 3+ unrelated occupants in designated wards). They run in parallel and a single property can need both stacked decisions. Rent Repayment Orders attach to whichever licence is missing.
Licensing here
What is in force across Derby City Council
Designations are drawn by ward and sometimes by street, so a postcode is never the answer. The only authoritative source for an address in DE23 is the council’s own checker.
- 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 in DE23 whatever the council does
A licence sits on top of these. Renewal cycles and maximum penalties are the same everywhere in England.
| 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 |
Common pitfalls
What goes wrong in DE23
The mistakes that recur in hmo-dense + article 4 postcodes like this one.
Permitted-development misconception
Many landlords still assume a C3-to-C4 conversion is permitted development. Inside an Article 4 area it is not, and a council can require the property be reverted at the landlord’s cost.
Stacked Rent Repayment Orders
Where both the mandatory HMO licence and the additional HMO licence are missing, the FTT can issue separate Rent Repayment Orders — each up to two years’ rent.
Single-deposit-for-shared-house trap
If five sharers each pay an equal deposit but it is registered as one tranche under one tenant’s name, the protection is defective for the other four — each can claim the 1–3× penalty.
FAQs
DE23: the questions landlords ask
Is DE23 subject to an Article 4 Direction for HMO conversions?
DE23 sits inside an area where Derby City Council has either an active Article 4 Direction or a longstanding additional HMO scheme — in practice this means a C3-to-C4 conversion needs full planning permission rather than relying on permitted development. Confirm the exact street on the council Article 4 map: even a single road can sit just outside the designated zone.
Does DE23 fall under selective or additional licensing in Derby?
It depends on the exact address and property type. Derby City Council publishes a postcode or ward checker. DE23 includes Normanton, Littleover, Blagreaves, Abbey, Arboretum. The outward code also reaches South Derbyshire, which is a different licensing authority. Run the full postal address on the council checker before assuming no licence is required: designations are drawn by ward or street, not by postcode.
What national UK landlord duties apply in DE23?
England-wide duties apply regardless of local licensing: Gas Safety (annual CP12), EICR every 5 years, EPC band E minimum (MEES), deposit protection within 30 days, Right to Rent checks before move-in, and smoke + CO alarm rules. Get any of these wrong and Section 21, RROs and civil penalties all follow.
Is DE23 a high-enforcement postcode area?
Student, HMO-dense and regeneration postcodes in Derby typically see more unannounced inspections, licence audits and follow-ups from environmental health. Keep certificates, licences and tenant documents in one place and renew before expiry. Unlicensed letting can attract civil penalties up to £40,000 and Rent Repayment Orders of up to two years' rent.
How much is a landlord licence in DE23?
The fee is set by Derby City Council for each scheme it runs, and it is usually split into an amount payable with the application and a second amount payable before the licence is granted. Some councils discount an early renewal or an accredited landlord. Where we have the current figure it is printed on the council page above; otherwise take it from the council's own fees page, because fees change between designations.
Do I need planning permission to convert into an HMO in DE23?
If the council area is subject to an Article 4 Direction for C3 to C4 use, you need full planning permission to let to 3 or more unrelated sharers. Derby City Council publishes its Article 4 map. Large HMOs (sui generis, 7+ sharers) always need planning permission.
Can I use Section 21 in DE23 after the Renters Rights Act?
No. Section 21 was abolished on 1 May 2026 across England, including Derby, and every assured shorthold tenancy became an assured periodic tenancy, so possession now runs on a Section 8 ground. The deposit still matters: section 215 of the Housing Act 2004, as substituted by the Renters’ Rights Act 2025, blocks a possession order while a deposit is unprotected or the prescribed information has not been given, on every ground except 7A and 14. A missing gas record or EPC does not bar a Section 8 claim, though it is an offence in its own right and a tenant can raise it in defence of a disrepair or possession case.
What insurance should I have for a let property in DE23?
Specialist landlord buildings insurance with landlord liability (often £2m+), optional contents for furnished items, loss of rent and legal expenses. For HMOs, check the insurer explicitly covers HMO use and the number of occupants - standard buy-to-let policies often exclude HMOs.
Reviewed by Erdem Volkan, last checked 19 April 2026. General information about letting in this area, not advice on a specific property or dispute.
Nearby
Other Derby City Council postcodes
Same council, different streets, and sometimes a different designation.
Run a let through it
Everything on this page, tracked for your DE23 property
The licence, the certificates and their renewal dates sit alongside the advert, the tenancy, the rent and arrears, the repairs and the tax figures, in one place rather than five. Free for one property, no card needed.