Exemptions from Selective Licensing

There are a number of exemptions to property licensing set out in the Housing Act 2004 - the full list can be found on the UK Legislation website.

Exempt tenancies include:

• a tenancy or licence of a house or a dwelling that is managed or controlled by:           
  • (i) a local housing authority;
  • (ii) a police authority established under section 3 of the Police Act 1996(4);
  • (iii) the Metropolitan Police Authority established under section 5B of the Police Act 1996;
  • (iv) a fire and rescue authority under the Fire and Rescue Services Act 2004(5); or
  • (v) a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990(6);
• A tenancy granted by a registered social landlord eg Housing Association

• Properties occupied by students where they are undertaking a fulltime course and where the property is managed by the educational establishment and in accordance with the approved code of practice e.g. registered Halls of Residence

• Properties whose occupation is regulated by other acts e.g. Children’s Home, Bail Hostels

• Properties let as holiday homes

• Properties occupied by owners with up to 2 lodgers where living accommodation is shared. “Shared living accommodation” means a shared kitchen, bathroom facilities or living / dining room. Self-contained accommodation with a connecting door would not be “shared” accommodation unless the agreement permitted the lodger(s) rights to use the main house kitchen, bathroom or living / dining room at any time. Self-contained accommodation where there is a shared washing machine would not count as shared living accommodation.

• Properties where rooms are rented by the freeholder or leaseholder to members of their family