Selective licensing frequently asked questions

Below is a list of frequently asked questions about the Selective Licensing scheme which will be implemented in the Lemyngton and Hastings Wards in Loughborough in 2023.

What is Selective Licensing?

The term comes from the Housing Act 2004. The Housing Act 2004 allows the local authority to select all, or parts, of their area subject to these licensing controls. It refers to the “selection” of the area as opposed to the people who have to apply, or properties covered.

What properties will be affected by Selective Licensing?

Once the scheme is implemented, a list of all privately rented properties will be available to view.

Are there any properties which are exempt from Selective Licensing?

Council properties, properties managed by registered providers (formerly known as Housing Associations), other housing providers and other regulated bodies, will be exempt.

If the property already has an HMO licence, do I need a selective licence as well?

No. A property needs either an HMO licence or a selective licence.

Is this a property or landlord licence scheme?

This is a property licence scheme, and every property a landlord owns within the boundary would need its own licence.

How long will the licence last?

The licence may be granted for up to five years,but could be for a reduced period depending on the circumstances of the property or of the proposed licence holder or manager. To grant a licence with a reduced period there would need to be a valid reason such as a previous history of non-compliance.

Is the licence transferable?

A property licence is not transferable to another property, person or organisation.

Would an empty property need a licence?

A licence is only required if the property is privately rented and occupied.

What is the application process?

The Council is working towards an online application and payments system. Once applications open in early 2023, landlords will be able to apply for a licence online.

In some circumstances further information may be required before a licence can be processed, e.g. informed consent forms for people that are named in licence applications, joint freeholders.

What would happen if a person responsible or in control failed to apply for a licence?

It is a legal requirement for landlords to apply for a licence, and a criminal offence if a landlord fails to apply for the required licence.  A person commits an offence by being in control of a property which requires a licence but is not so licensed. 

The offence may lead to a civil penalty charge of up to £30,000, or alternatively a criminal conviction and an unlimited line.  Therefore, a property manager is equally liable to enforcement action being taken against them for managing a property which requires a licence but is not so licensed. 

You can find out more about the Council's Enforcement Policy in this document: Private Sector Housing Enforcement Policy 2024 (PDF Document, 0.57 Mb)

Who should be the licence holder?

The licence holder must be a person or  a company that receives the rent from the property, for example the owner or the managing agent The person in control of the day-to-day management of the property and in charge of dealing with any issues related to the property.

If this is different person to the owner of the property, they must be appointed by those with an owner’s interest in the property.

What happens if the licence conditions are breached?

If a licence is granted and the licence conditions associated with the property are subsequently breached, this could lead to the Council taking legal action or issuing fines in accordance with Council’s Private Sector Housing Enforcement Policy 2024 (PDF Document, 0.57 Mb)

Will licensed properties be inspected?

The Council aims to inspect every property once during the licence period for the property, however, this will be carried out in order of perceived risk.

How much will a licence cost?

The standard licence fee will be £700 and will be for the duration of the designation of the Selective Licensing scheme, which will be five years from the commencement of the approval of the licence. Discounted fees apply if the licence holder and the property are registered with the DASH accreditation scheme.

Can I pay in instalments?

There is no option to pay by instalments. The licence fee is paid in two parts:

• £395 when you apply for your licence
• £305 once the licence has been granted, or £220 if registered with the DASH accreditation scheme

Will I be able to see which properties are licensed?

The Council will keep a register of properties that are licensed, and this will be publicly available on our website once the scheme is implemented.

What conditions will apply to Selective Licensing?

There will be a range of conditions attached to each licence which will relate to the management of the property. There are some mandatory conditions, which are required by law to be included in the licence.

These include conditions regarding gas safety, electrical safety, smoke alarms etc. 

How will you know if a property is unlicensed?

Tenants will be able to inform the Council if their property is unlicensed. The Council will use a variety of methods, working with other partners to seek out unlicensed properties.