Can I be fined if my Brighton & Hove landlord has no licence?

No. Licensing rules are for landlords. The council can fine a landlord up to £40,000. A renter can’t be fined.

Can I get my rent back if the home has no licence?

You may be able to, if the home needed a licence and didn’t have one. You apply to a tribunal for a rent repayment order. The most you can get back is 12 months’ rent if it happened before 1 May 2026, or 24 months’ rent from that date.

The agent says a licence has been applied for. Is that OK?

Yes, if the application is real and in progress. Ask when it was made, then check with the council. A landlord who has applied isn’t breaking the law while the council decides.

Landlord licensing

Brighton & Hove selective licensing: does a rented home need a licence?

In 4 of Brighton & Hove’s 23 wards, most rented homes let to one household, or to one or two people, need a selective licence.

Shared homes of 5 or more people from 2 or more households need an HMO licence everywhere in England.

shared homes of three or four people on two or more floors need an additional HMO licence anywhere in Brighton & Hove.

From Brighton & Hove City Council’s own pages · Last checked 18 October 2026

Check a Brighton & Hove postcode

We’ll tell you if a licensing area covers the address. It checks the area, not the home: it can’t tell you if this landlord has a licence.

Brighton & Hove licensing at a glance

Licence	Who it’s for	Where	Dates
Selective	Homes let to one household, or to one or two people	In 4 of Brighton & Hove’s 23 wards	Ends 1 September 2029
Additional HMO	shared homes of three or four people on two or more floors	Anywhere in Brighton & Hove	Ends 30 June 2029
Mandatory HMO	Shared homes of 5 or more people from 2 or more households	Everywhere in England	No end date

Not covered by selective licensing: Brunswick & Adelaide, Central Hove, Coldean & Stanmer, Goldsmid, Hangleton & Knoll, Hanover & Elm Grove, Hollingdean & Fiveways, North Portslade, Patcham & Hollingbury, Preston Park, Regency, Rottingdean & West Saltdean, Round Hill, South Portslade, West Hill & North Laine, Westbourne & Poets' Corner, Westdene & Hove Park, Wish, Woodingdean.

Mandatory HMO licensing is set by national law.

Where selective licensing applies

See Brighton & Hove City Council’s map of the licensing areas

Brighton & Hove selective licensing 2024
2 September 2024 to 1 September 2029
Kemptown, Moulsecoomb & Bevendean, Queen's Park, Whitehawk & Marina.
The council’s notice

Where an area is drawn on a map or a list of streets, the checker says a licence “may” be needed. Then check the map.

What renters need to know

Selective licence: A licence for a home let to one household, or to one or two people. Only some councils use them, in areas they choose.
HMO: A shared home where people from 2 or more households share a kitchen, bathroom or toilet. Small ones may need an additional licence. Ones with 5 or more people always need a mandatory licence.
Ward: A small part of a council area, like a neighbourhood. One ward can need a licence when the next one doesn’t.
Licence holder: The person or company named on the licence. Usually the landlord or the letting agent.

The licence is the landlord’s job. You don’t need to do anything, and you can’t be fined.
A landlord who should have a licence and doesn’t can be fined up to £40,000 by the council (Housing Act 2004, section 249A).
If the home should have had a licence, you may be able to apply to a tribunal for some of your rent back. This is called a rent repayment order (section 44).

What to ask the agent

Does this home need a licence?
What is the licence number?
Whose name is on the licence?
When does the licence run out?
How many people can live here?

How to check the licence

Get the licence number from the agent.
Look it up on Brighton & Hove City Council’s register of licences.
Check the address, the licence holder and how many people it allows.

Check the home itself

Our free check looks at the home’s energy rating, flood risk, council tax and crime nearby. Complete RenterCheck also shows whether a company or a person owns it, whether it’s on the council’s list of shared-house licences, and if the rent is fair.

Check a property free

Questions

Can I be fined if my Brighton & Hove landlord has no licence?: No. Licensing rules are for landlords. The council can fine a landlord up to £40,000. A renter can’t be fined.
Can I get my rent back if the home has no licence?: You may be able to, if the home needed a licence and didn’t have one. You apply to a tribunal for a rent repayment order. The most you can get back is 12 months’ rent if it happened before 1 May 2026, or 24 months’ rent from that date.
The agent says a licence has been applied for. Is that OK?: Yes, if the application is real and in progress. Ask when it was made, then check with the council. A landlord who has applied isn’t breaking the law while the council decides.

Sources

Brighton & Hove City Council: property licensing, checked 18 October 2026
Brighton & Hove additional HMO licensing 2024
Brighton & Hove selective licensing 2024
Housing Act 2004: section 232 (registers) and section 249A (fines)
Housing and Planning Act 2016: section 44 (rent repayment orders)
Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018

This guide covers common private tenancies in England and is general information, not legal advice. Different rules apply in Scotland, Wales and Northern Ireland, and to lodgers, social housing and some specialist accommodation.

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