Selective Licensing
Important notice
It is an offence to operate a tenancy in an area designated for selective licensing without having a licence or without having submitted a duly made application. The council will allow a reasonable period of time, at their discretion, for applicants to submit their applications before taking enforcement action for failure to licence. Please note, it is also an offence for an agent to continue to manage a property without a licence. The scheme will remain in force until 7 April 2031.
Any queries about Selective Licensing should be sent to: [email protected]
About Selective Licensing
If you couldn’t attend the previous online sessions for Selective Licensing, you can now view the presentations from those events.
Selective Licensing is a scheme which requires all private landlords operating within a designated area to license any privately rented property. The scheme was introduced within the Housing Act 2004 (under Part 3, Section 80).
Area of designation lasts for 5 years and will include statutory and general conditions aimed at ensuring licensed properties are safe, meet basic standards and they are managed in a satisfactory way.
To get a licence the landlord or managing agent would have to pay a fee set by us and meet certain standards which affect the way the property is managed.
Areas eligible for selective licensing must have one or more of these issues:
We believe selective licensing would improve the management of privately rented properties and contribute positively to improving neighbourhoods.
In turn this will:
Selective Licensing consultation
We asked you to have your say on a Selective Licensing scheme within the East Marsh area of North East Lincolnshire. Find more information and results on: Past Consultations.
Which type of properties in the designated areas fall under the Selective Licensing Scheme
Selective Licensing is a licensing scheme for landlords who privately rent properties that meet the below criteria and fall within the designated areas for Selective Licensing.
Each individual property you own within the designated areas requires a licence.
A privately rented property could fall under the Selective Licensing Scheme if there is:
- One occupant
- More than one occupant who forms one household (e.g. a family) or
- Two to four unrelated individuals who form two or more households (e.g. two friends).
Exempt properties
Some privately rented properties are not required to hold a Selective Licence and are exempted from Selective Licensing via Housing Act 2004 (legislation.gov.uk)
Statutory exemptions include:
- A body which is registered as a social landlord under Part 1 of the Housing Act 1996
- A non profit registered provider of social housing
- A profit-making registered provider of social housing in respect of social housing (Part 2 of the Housing and Regeneration Act 2008)
- Mandatory HMO’s Licenced Under Part 2
- Those Houses subject to temporary exemptions under section 86 Housing Act 2004
- Those where there is a Management Order in place (Chapter 1,2 or Part 4)
- Specified Exemptions via an order: The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006
Specified Exemptions by Order
Mandatory Houses in Multiple Occupation (HMO) Licence
If you own an HMO containing five or more persons, you must hold a Mandatory HMO Licence.
If you already have a Mandatory HMO Licence, you do not need to apply for a Selective Licence.
If you own an HMO containing three or four persons, which is inside the Selective Licensing designation area, you are required to hold a Selective Licence.
Who can hold a license
For every licence there must be a named licence holder. We have a duty to grant a licence to the most appropriate person. In most circumstances, this would be the owner of the property. In some circumstances however, it may be a leaseholder or a manager / managing agent. It is the owner’s responsibility to ensure that an application for a licence is made for their property.
The proposed licence holder must have the power to:
- Collect rental income
- Set up and terminate tenancies
- Access all parts of the dwelling
- Authorise repairs and maintenance to the property.
If the owner nominates a managing agent to be the proposed licence holder, they must have the power to undertake the listed conditions above. The licence holder will be bound by the licence conditions and should be competent.
Licences are not transferable. Therefore, if the licence holder needs to be changed, a new licence application and fee payment will be required.
If the proposed licence holder is not available to manage the property, it is advisable to appoint a local manager who is authorised to deal with emergency repairs and any issues concerning antisocial behaviour. If a company applies to be licence holder, they must nominate an appropriate person to hold the licence within that company. The named licence holder will be the person responsible for complying with all the licence conditions.
Civil penalties
It is an offence to rent a property in a designated area without applying for a Selective Licence. Landlords with unlicensed rented properties can face a financial penalty notice of up to £30,000 or an unlimited fine from the court. Landlords could also be ordered to repay up to 12 months’ rent.