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ARTICLE · 14 AUGUST 2024

Selective Licensing: What You Don't Know Can Hurt You

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A landlord was found liable for failing to obtain a selective licence for his rental property, despite claiming ignorance of the requirement. The Tribunal rejected this defense, ruling that landlords must be aware of legal obligations, and ordered him to repay over £5,000 in rent.

United KingdomReal Estate and Construction
Rachel Brandrith
Rachel Brandrith

An owner of a flat has been found liable for failing to have a selective licence, despite being unaware that he was required to do so.

A flat situated in the London Borough of Tower Hamlets was required to have a selective licence under Part 3 of the Housing Act 2004. Local Authorities have the power to introduce selective licensing schemes which requires all properties privately rented in a specified area (other than those required to be licensed as a HMO) to have a selective licence. There are often conditions attached to the granting of these licences with the intention of improving the quality of private rented properties in the area.

Failure to have a selective licence can result in enforcement action by the Local Authority, and private action by the tenants. The latter occurred in this case. The tenants of the flat applied to the First-tier Tribunal for a rent repayment order. The Tribunal have the power to order that the landlord repay a tenant a

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