Landlord licensing in Brighton and Hove

Required for any HMO let to 5 or more people forming 2+ households who share facilities.

Fee: £1,100

SCHEME OVERVIEW: Brighton & Hove City Council's first Selective Licensing Scheme came into force on 2 September 2024 and runs until 1 September 2029 (5-year designation), or earlier if the authority revokes the scheme under section 84 of the Housing Act 2004. It is the council's first ever selective licensing designation. Applications opened online at brighton-hove.gov.uk on 2 September 2024 (source: brighton-hove.gov.uk/housing/private-housing/notice-designation-areas-selective-licensing — official Notice of Designation). LEGAL BASIS: Designation made under section 80 of the Housing Act 2004. Approved by Housing Committee following the 12-week public consultation that ran in autumn 2023. COVERAGE: 4 specific wards — KEMP TOWN, MOULSECOOMB & BEVENDEAN, QUEENS PARK, and WHITEHAWK & MARINA. These wards were selected because evidence demonstrates a clear link between poor property conditions, deprivation, and private rented homes in these specific areas. The scheme covers approximately 2,100 properties — let to 1 or 2 people, families, or single-storey flats/bungalows with 3 or 4 unrelated residents (multi-storey HMOs with 3+ residents are covered by the citywide Additional HMO Licensing Scheme instead). PROPOSED PHASE 2 (NOT IN FORCE): Brighton & Hove also consulted on a proposed second phase covering 13 additional wards on the grounds of poor property conditions: Brunswick & Adelaide, Central Hove, Goldsmid, Hanover & Elm Grove, Hollingdean & Fiveways, Preston Park, Regency, Rottingdean & West Saltdean, Round Hill, South Portslade, West Hill & North Laine, Westbourne & Poets Corner, and Wish. This would cover an estimated 19,000 additional properties. Phase 2 requires Secretary of State approval (now no longer needed under the General Approval December 2024) and was anticipated to be in place by Summer 2025 at earliest. Verify current status at brighton-hove.gov.uk before assuming Phase 2 is or is not in force. WHO NEEDS A LICENCE: Within the 4 designated wards, ALL houses let or occupied under a tenancy or licence — UNLESS: (a) the property is a Mandatory HMO under section 55(2)(a) Housing Act 2004; (b) the property is an HMO licensed under the Citywide Additional HMO Licensing Scheme; (c) the tenancy was granted by a Registered Provider of Social Housing; (d) the property falls within statutory exemptions under the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006. FEES: £550 per database record. The original consultation suggested £670 for a 5-year licence — verify the actual current fee on brighton-hove.gov.uk fee schedule before applying. LICENCE CONDITIONS: All licensed properties must meet conditions covering fire safety, gas safety (annual certificate), electrical safety (5-year EICR), structural condition, freedom from serious hazards, management arrangements, anti-social behaviour management. The licence holder must be a fit and proper person. Standard tenancy agreements required. Properties must be in good repair and properly maintained. Bi-annual inspections required by the licence holder. HOMELESSNESS DISCOUNT: Under the Homelessness and Rough Sleeping Strategy 2020-2025, the council will pay the TOTAL licence fee for landlords who work with the council by offering a tenancy to a homeless household referred by the council, where the tenancy is for 5 years. This applies specifically to the Selective Licensing Scheme. ENFORCEMENT AND PENALTIES: Operating a licensable property without a licence is liable to prosecution and on summary conviction to an unlimited fine. Failure to comply with a licence condition is liable on summary conviction to an unlimited fine. Civil financial penalty up to £30,000 as an alternative to prosecution. Rent Repayment Orders under sections 96 and 97 of the Housing Act 2004 for up to 12 months' rent / Housing Benefit / Universal Credit (24 months under Renters' Rights Act 2025). Section 21 notices invalid where unlicensed. CONTACT: Private Sector Housing Team, Brighton & Hove City Council, Hove Town Hall, Norton Road, Hove BN3 3BQ. The Designation may be inspected at the above address weekdays 9am-4.30pm by appointment.

Areas: East Brighton, Hanover & Elm Grove, Hollingdean & Stanmer, Moulsecoomb & Bevendean, Queen's Park, and Woodingdean wards

Fee: £550

SCHEME OVERVIEW: Brighton & Hove City Council operates a CITYWIDE Additional HMO Licensing Scheme that came into force on 1 July 2024 and runs for 5 years. It replaces the previous area-specific Additional Licensing Scheme that ran from 2 November 2015 across 7 wards (Brunswick & Adelaide, Central Hove, East Brighton, Goldsmid, Preston Park, Regency, Westbourne) which improved conditions for around 1,900 HMOs benefitting 5,500 tenants over its 5-year term. The new citywide scheme is expected to cover approximately 2,200 properties (source: brighton-hove.gov.uk and kammadata.com/uk-property-guide/property-licensing-guide-for-brighton-and-hove confirming July 2024 launch). LEGAL BASIS: Designation made under section 56 of the Housing Act 2004. The Housing Committee approved the recommendation on 15 March 2023 to consult on citywide additional HMO licensing covering properties with two or more storeys and where three or more tenants are living as more than one household. Following 12-week public consultation in autumn 2023, the scheme was approved. WHO NEEDS A LICENCE: The Citywide Additional HMO Licensing Scheme covers HMOs with two or more storeys and three or four occupants forming 2 or more households. This is NOT borough-wide for ALL HMOs — single-storey flats and bungalows with 3 or 4 unrelated residents are NOT in scope (they are covered by the Selective Licensing Scheme in 4 specific wards instead). Brighton & Hove specifically does NOT licence Section 257 HMO buildings under this Additional Scheme. EVIDENCE BASE: The scheme is supported by two commissioned reports — the Cadence Innova Selective and Additional Licensing Scheme Feasibility Review (February 2023) and the Meta Street Ltd Private Rented Sector Housing Stock Condition and Stressors Report (March 2023). The Feasibility Study concluded there is evidence to support an Additional HMO Licensing Scheme based on comparison of HMO conditions to the Housing Health and Safety Rating System (HHSRS). FEES: Brighton & Hove charge £550 for an additional licence (per database record). Verify against the council's published fee schedule on brighton-hove.gov.uk before applying — fees may be reviewed during the scheme term. LICENCE CONDITIONS: Updated conditions for the additional and mandatory HMO licensing schemes were published as part of the 2023 consultation. Conditions cover the provision of facilities (bathrooms, toilets, kitchens), fire safety precautions, gas safety (annual certificate), electrical safety (5-year EICR), heating, ventilation, structural condition, anti-social behaviour management. Tenant references and right-to-rent checks required. Detailed tenancy agreements required. Bi-annual property inspections required. Furniture must meet fire safety standards. EPC required. PLANNING IS SEPARATE: Brighton & Hove operates restrictive HMO planning policies (CP21 and DM7) that limit new HMOs in areas with high HMO concentrations. Conversion from C3 (single dwelling) to C4 (small HMO) generally requires planning permission. HMOs occupied by 7+ people always need planning permission (sui generis use class). Planning consent does NOT replace the need for a licence. ENFORCEMENT AND PENALTIES: Operating an unlicensed property is a criminal offence. Civil financial penalty up to £30,000 per offence as an alternative to prosecution. Unlimited fine on conviction. Rent Repayment Orders for up to 12 months' rent (24 months under the Renters' Rights Act 2025). Section 21 invalid where unlicensed. Inclusion on the rogue landlord database under the Housing and Planning Act 2016 in serious cases. HOMELESSNESS DISCOUNT: Under the Homelessness and Rough Sleeping Strategy 2020-2025, where a landlord agrees to work with the council by offering a tenancy to a referred household and prevents/relieves homelessness, the council may pay the total licence fee. Currently this is for the Selective Licensing Scheme but the council is considering extending it to Additional HMO Licensing. CONTACT: Private Sector Housing, Brighton and Hove City Council, Hove Town Hall, Norton Road, Hove BN3 3BQ. ConsultPropertyLicensing@brighton-hove.gov.uk.

Areas: City-wide additional licensing for all HMOs occupied by 3 or 4 people forming 2 or more households

Fee: £550