Additional HMO licensing in Brighton and Hove

What the designation says

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 . 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. 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. 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). 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. 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. 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. 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. 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. Private Sector Housing, Brighton and Hove City Council, Hove Town Hall, Norton Road, Hove BN3 3BQ. ConsultPropertyLicensing@brighton-hove.gov.uk.

What this means for a landlord

A licence must be in place before the property is let, not applied for afterwards. Operating unlicensed in a designated area is a criminal offence: a civil penalty of up to £30,000 per offence, a rent repayment order of up to twelve months' rent, and a section 21 notice that cannot be served while the property is unlicensed. Mandatory HMO licensing applies separately and everywhere, wherever a property is let to five or more people forming two or more households.

Brighton and Hove's own licensing page →