Selective licensing: what it means for you as a tenant

In some areas, a private landlord needs a licence before they can rent out a home. This is called selective licensing. It is set by your local council. It is not the same as the HMO (house in multiple occupation) licensing system. Selective licensing covers ordinary homes let to one household. This page explains what it is. It shows how to check if your landlord needs a licence. It also explains what it means for you.

What is selective licensing?

Selective licensing is a scheme run by local councils. It comes under Part 3 of the Housing Act 2004. The council can pick certain areas where every private landlord must apply for a licence. These are often areas with more anti-social behaviour, low demand for housing, or lots of private renting.

Not every area has a selective licensing scheme. It only applies where the council has chosen to set one up.

Why do councils introduce it?

Councils usually want selective licensing to:

• Make landlords keep homes to a basic standard
• Cut down anti-social behaviour linked to private renting
• Improve how landlords in the area run their homes
• Build a list of private landlords working in the area

Licence rules often tell the landlord to keep the home in good order. They must deal quickly with anti-social behaviour. They must also work with council inspections.

Does your landlord need a licence?

Maybe your home is privately rented, not a council or housing association home. If it is in a selective licensing area, your landlord may need a licence. You can check:

• Your council's website. Most show maps or lists of selective licensing areas. Most also show a list of licensed homes.
• The council's housing enforcement team. They can tell you if your address is in one of these areas.

Your landlord may need a licence but not have one. This is an offence under the Housing Act 2004.

What does a selective licence require of your landlord?

The rules are not the same in every council. But a landlord usually has to:

• Keep the home safe and in good repair
• Have a gas safety certificate, and an electrical safety certificate where one is needed
• Fit smoke alarms and keep them working
• Deal with complaints about anti-social behaviour from tenants
• Make sure only the agreed number of people live in the home
• Have proper tenancy agreements in place

Some councils ask for more. They may want better energy efficiency, or set rules for the kitchen and bathroom.

What if your landlord does not have a licence?

Your landlord may need a selective licence but not have applied for one. If so, they are committing a criminal offence. The council can:

• Take the landlord to court and fine them
• Apply a civil penalty of up to £30,000
• Make an interim management order, which means taking over how the home is run

There is one more point. Say your landlord takes you to court to evict you under Section 21 (no-fault eviction). If they do this while they do not have a licence they need, the court will turn down the claim.

Rent repayment orders and unlicensed landlords

Your landlord may not have a licence they need. If so, you may be able to apply to the First-tier Tribunal for a Rent Repayment Order (RRO). If your application works, your landlord may have to repay up to 12 months' rent.

You can apply for an RRO yourself. Or you can get help from a legal adviser.

Using licensing to raise disrepair issues

Maybe your home is in a selective licensing area and your landlord has not met the licence rules. For example, there may be no valid gas safety certificate. Or the home may have disrepair that a council inspection should have found. You can report this to the council's housing enforcement team. They can inspect the home and enforce the licence rules.

This is a different route from a disrepair claim. But both can run at the same time. A council enforcement notice helps your case if you do go on to make a disrepair claim.

When should I contact Support for Tenants?

Maybe your home has disrepair. Whether or not it is in a selective licensing area, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 2004, Part 3 (selective licensing) (legislation.gov.uk)
• Housing and Planning Act 2016 (rent repayment orders) (legislation.gov.uk)

Related articles

• What is a rent repayment order?
• What is a Section 21 notice, is it still legal?