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What is selective licensing for landlords?

For private landlords and tenants in England.

Applies to: England Last checked against official sources: 6 October 2026

Selective licensing is a council scheme in England that makes private landlords in a chosen area get a licence for each rented home.

  • Councils can bring in a scheme for problems like antisocial behaviour, poor housing conditions, deprivation or crime.
  • A scheme can last up to 5 years.
  • Councils must consult for at least 10 weeks before starting one.
  • Since 23 December 2024, councils no longer need government approval for schemes of any size.
  • Letting an unlicensed home in a scheme area is an offence. Councils can fine landlords up to £40,000 instead of prosecuting.

Different in Scotland, Wales or Northern Ireland

Rules may be different in:

Key facts

  • Set by your council
  • Lasts up to 5 years
  • 10 weeks' consultation
  • Fines up to £40,000

What selective licensing is

Selective licensing lets a council in England pick an area and require private landlords there to hold a licence for each home they rent out. It comes from Part 3 of the Housing Act 2004. The aim is to raise standards in privately rented homes and tackle local problems.

Which homes it covers

A scheme covers privately rented homes let on assured tenancies or licences to occupy within the chosen area. Some lettings are exempt under a 2006 exemptions order.

Houses in multiple occupation (HMOs) that already need a licence under Part 2 of the Housing Act 2004 are not covered. They are licensed under that separate system.

Why a council can bring in a scheme

A council can choose an area if it has one of these problems:

  • low demand for housing, or is likely to
  • a big and lasting problem with antisocial behaviour
  • poor housing conditions
  • high levels of migration
  • high levels of deprivation
  • high levels of crime

For the last four reasons, the area must also have a high share of privately rented homes. Nationally, private renting makes up 19% of homes in England.

How a scheme is set up

StepRule
ConsultationAt least 10 weeks, and the council must consider every response
ApprovalSince 23 December 2024, no government approval is needed, whatever the size
LengthUp to 5 years

Even without government approval, councils must still follow all the rules in Part 3 of the Housing Act 2004.

What happens if a landlord does not get a licence

Letting a home without a licence in a scheme area is a criminal offence. Instead of prosecuting, the council can give a financial penalty. Since 1 May 2026 the maximum penalty is £40,000.

Tenants can also apply for a rent repayment order. This is an order for the landlord to pay back rent. Operating an unlicensed house is one of the offences that allows this.

How to check if your area has a scheme

Schemes are run by your local council, so check your council's website or contact its private housing team. Use GOV.UK's find your local council tool.

If you live in Scotland, Wales or Northern Ireland

Selective licensing under the Housing Act 2004 is for England. Wales has its own system: all private landlords must register with Rent Smart Wales, and those who let or manage homes must be licensed.

Related guides

Where this comes from

Get it done

This takes you to the official service, which is free to use.

Find your local council

Common questions

Does selective licensing cover HMOs?

No. Houses in multiple occupation that need a licence under Part 2 of the Housing Act 2004 are licensed separately.

Can tenants get rent back if their landlord has no licence?

Tenants can apply for a rent repayment order, because operating an unlicensed house is one of the offences that allows one.

Official sources

  1. 1.Selective licensing in the private rented sector: a guide for local authoritieswww.gov.uk/government/publications/selective-licensing-in-the-private-rented-sector-a-guide-for-local-authorities/selective-licensing-in-the-private-rented-sector-a-guide-for-local-authorities
  2. 2.Selective licensing: guidance and General Approval 2024www.gov.uk/government/publications/selective-licensing-in-the-private-rented-sector-a-guide-for-local-authorities
  3. 3.Housing Act 2004, section 249Awww.legislation.gov.uk/ukpga/2004/34/section/249A
  4. 4.Housing and Planning Act 2016, section 40www.legislation.gov.uk/ukpga/2016/22/section/40

Checked against GOV.UK on 6 October 2026

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