Selective licensing in Brighton and Hove

Common questions

What the designation says

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 . 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. 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. Within the 4 designated wards, ALL houses let or occupied under a tenancy or licence — (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. £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. 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. 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. 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 £40,000 as an alternative to prosecution. Rent Repayment Orders under sections 96 and 97 of the Housing Act 2004 for up to two years' rent for offences on or after 1 May 2026 (12 months before that date) / Housing Benefit / Universal Credit. 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. The council is expanding the scheme: a further designation covering Central Hove and Regency wards was made on 6 July 2026 and comes into force on 20 October 2026, so landlords in those two wards need a licence from that date. Section 21 was abolished on 1 May 2026; possession now runs through the amended section 8 grounds. The £40,000 ceiling applies to offences committed on or after 1 May 2026; the £30,000 ceiling still applies to offences committed before that date.

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 £40,000 per offence and a rent repayment order of up to two years' rent. Both maxima apply to conduct on or after 1 May 2026; before that date they were £30,000 and twelve months. Section 21 was abolished on 1 May 2026 and possession now runs through the amended section 8 grounds. Mandatory HMO licensing applies separately and everywhere, wherever a property is let to five or more people forming two or more households.

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