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Guide

Does the property need a licence?

Many rented homes in England need a licence from the council. Which ones depends on the property and on the local authority, because councils set their own additional and selective licensing schemes.

The three kinds of licence

Mandatory HMO licence
Required across England for a house in multiple occupation let to five or more people forming more than one household who share a kitchen, bathroom or toilet.
Additional HMO licence
A council can extend licensing to smaller HMOs in some or all of its area, typically where three or four sharers are common.
Selective licence
A council can require a licence for every private rented home in a designated area, whether or not it is shared.

Why it matters to you

  • A licence sets conditions on the property, including fire safety, amenities and the maximum number of occupants.
  • Letting a licensable property without a licence is an offence. The council can issue a civil penalty or prosecute.
  • Tenants of an unlicensed licensable property can apply to the First-tier Tribunal for a rent repayment order, of up to twelve months of rent.
  • A landlord generally cannot serve a valid section 21 no-fault notice while a licensable property is unlicensed.

How to check it yourself today

  1. Find the local authority. The free property check tells you which council covers the address.
  2. Search that council for its public register. Every council in England must publish a register of licensed HMOs and licensed properties.
  3. Check the designated areas. Councils publish maps of additional and selective licensing designations, which change over time.
  4. Ask the landlord or agent directly. A licensed landlord will have the licence number, its expiry date and the permitted occupancy.

We have not integrated council licensing registers yet. There are over 300 councils in England, each publishing its register differently, and a licensing answer that is confidently wrong is worse than no answer. It is on the list for a later phase.

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