Selective licence

What is a Selective licence?

  • All privately rented homes need a Selective licence. These properties are either occupied by one or two persons, or one family household. These properties are in the wards of Edgware and Wealdstone.

Some tenancies and licences are exempt. Find out more information on Legislation.gov.uk.

If your premises is licensed as a House of Multiple Occupation (HMO), you do not need to apply for another licence.

All premises are only subject to one type of residential licensing scheme.

Penalties for not having a selective licence

If you don't have a licence it is a criminal offence which is subject to an unlimited fine upon conviction.

Listed below are details of possible breaches:

  • It is an offence if the landlord or person in control of the property fails to apply for a licence. They are liable on summary conviction to an unlimited fine.
  • A licensee who breaches its conditions is liable on conviction to a fine not exceeding level 5.
  • It is a criminal offence to obstruct the local authority in carrying out their functions. This is under Parts 1-4 and sections 239 and 240. They will be liable upon conviction to a fine not exceeding level 4 on the standard scale.
  • A landlord commits an offence if there is overcrowding. They are liable, on conviction, to a fine of at most level 2 on the standard scale. There may also be a fine not exceeding one-tenth of the amount corresponding to that level. This is in respect of every day after the day they are convicted on which the offence continues.
  • Tenants can make an application to a Residential Property Tribunal for a Rent Repayment Order. This is if the landlord has been convicted of the offence of operating a licensed property without a licence.

Defences for not having a licence

There are three defences available to someone who does not have the requisite licence:

  1. when there is a reasonable excuse for his failure (section 95(1))
  2. a notification had been given in respect of the house under section 62(1) or 86(1) (Temporary Exemption)
  3. an application for a licence had been made in respect of the house under section 63. With the notification or application still in effect.