Chancellor Rachel Reeves recently caused controversy when it emerged that she had broken housing rules when renting out her family home. It seems she had failed to obtain a “selective” rental licence when renting out her London home.
This news prompted many to wonder about the specific rules for letting out property in the UK: Do you always need a landlord licence? And if not, when exactly do you need one?
What is a Landlord Licence?
A landlord licence is exactly what it sounds like: A document that gives you the legal right to let property in the UK.
The type of licence you need will depend on the type of property you are looking to let, as well as your location.
When Do I Need a Landlord Licence?
If you are letting property in Scotland or Northern Ireland, then you will need some form of licence or registration no matter what kind of property it is. In England and Wales, it all depends on what sort of property you want to let.
Types of Landlord Licences
Broadly speaking, there are three types of landlord licences:
- Mandatory HMO Licensing
- Additional Licensing
- Selective Licensing
What is Mandatory HMO Licensing?
An HMO is a House in Multiple Occupation. This is a situation where unrelated tenants live in the same property, with their own private rooms, while sharing facilities such as kitchens and bathrooms.
Since 2006, it has been a legal requirement in England and Wales to apply for an HMO Licence when letting out a property to five or more unrelated tenants. This applies to any property where these unrelated tenants form two or more households. And to get your licence, your property will have to meet all applicable HMO standards in terms of room sizes, safety measures, and so on.
Usually, an HMO licence will last for five years. But if the council has any particular concerns about your property, then your licence may be shorter. Depending on your specific location, and the specific size of your property, an HMO Licence may cost between £600 and £1,200.
What is Additional HMO Licensing?
As we mentioned above, it is a legal requirement in England and Wales to get an HMO Licence for any property let to five or more unrelated tenants who form two or more households. In some areas, local councils require you to get an HMO Licence for smaller shared houses too, where three or more unrelated tenants form more than one household in the same property.
Check your local council’s licensing laws to find out whether you will need a licence for your property, depending on its size and the number of tenants.
What is Selective Licensing for Landlords?
Some local councils designate areas where all privately rented homes require a licence. This is known as Selective Licensing, and councils usually introduce this measure to regulate the rental market in high-density neighbourhoods.
Depending on the council, a licence can cost between £400 and £900 per property. If you fail to get a licence, you may face a fine of up to £30,000. On top of this, the court may impose a Rent Repayment Order, which would require you to pay up to 12 months of rent back to your tenant.
How Do I Find Out If I Need a Landlord Licence?
As we have seen, if your property is based in Scotland or Northern Ireland, then you will likely need a licence to let any private property. In England and Wales, if you are renting out an HMO to more than five people, then you will certainly need a licence. But beyond that, it depends on your local council’s specific rules.
Head to your local council’s website, and look for their Housing or Private Renting section. Many councils have online tools where you can enter your property’s postcode, and they will instantly tell you if any Additional or Selective Licensing laws apply to your area.
If you are still in doubt, then contact your council directly.
Note that, even if you do not need a landlord licence for your property, you will still have to meet a number of legal responsibilities as a landlord.
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