FAQs

Selective licensing is a regulatory tool under Part 3 of the Housing Act 2004 that allows local authorities to designate specific areas where all privately rented properties must be licensed. The aim is to improve housing conditions, management standards, and address issues such as anti-social behaviour (ASB), deprivation, and crime in the private rented sector (PRS).  

A local authority can implement selective licensing if the designated area meets one or more of the following conditions: 

• Low housing demand
• Significant and persistent ASB
• Poor property conditions
• High levels of migration
• High levels of deprivation
• High levels of crime

Authorities must provide evidence that these issues are prevalent and that selective licensing will effectively address them.  Thurrock Council has produced a Selective Licensing Consultation file to evidence it has.

The Council has powers to introduce selective licensing of privately rented homes to tackle problems in their areas to achieve:  

Any person who controls or manages a privately rented property within a designated selective licensing area must apply for a licence. This typically includes landlords and managing agents.

Yes. There are a number of exemptions to selective licensing scheme including: 

1. properties licensable as an HMOs under mandatory or additional HMO licensing
2. properties let by a local authority or a Registered Provider (RP), traditionally known as a not-for-profit Housing Association
3. properties already subject to a management order
4. properties subject to a temporary exemption notice
5. owners who reside in property they own as their main residence (owner-occupiers).
6. holiday lets; and tenancies under a long lease and business tenancies
7. Any building which is occupied principally for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering
8. Student accommodation directly managed by educational institutions, e.g. halls of residence
9. properties managed by a charity registered under the Charities Act 2011 and which
   1. is a night shelter, or
   2. consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.

Licences can be granted for up to five years. However, councils may issue licences for shorter periods if there are concerns about the property's management or condition.  

The Mandatory conditions under Schedule 4 of the Housing Act 2004 must be included are as follows:

• Annual gas safety certificates, produced to the council annually
• Ensuring electrical appliances and furniture are safe, including declarations to this effect on demand
• Ensuring that every electrical installation in the house is in proper working order and safe for continued use; and supplying the council, on demand, with a declaration by the landlord as to the safety of such installations
• Ensuring smoke alarms are installed on each story of the house where there is living accommodation and are kept in proper working order, including declarations to this effect on demand
• Ensuring that a carbon monoxide alarm is installed in any room used for living accommodation that contains a fixed combustion appliance other than a gas cooker, including declarations to this effect on demand
• Ensuring tenancy agreements are provided for tenants
• Including a condition to demand references from persons who wish to occupy the house.

Licence fees should reflect the cost of administering the scheme. They are typically divided into two parts:

• Part A: Covers the cost of processing the application.
• Part B: Covers the cost of monitoring compliance over the licence period.

Any Licensing Application form received without payment (or where incorrect or deficient information is supplied) will not constitute a valid application

Failure to obtain a licence or comply with licence conditions can result in:

• Civil penalties of up to £30,000
• Prosecution leading to unlimited fines
• Rent Repayment Orders requiring landlords to repay up to 12 months' rent
• Inability to serve a Section 21 eviction notice

Yes, each property will need a licence

Yes, if the property is occupied by a single person, or a single family on a non – exempt tenancy it will need a selective licence.

Yes, if the property is occupied by two people on non – exempt tenancies it will need a selective licence

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

No, if you share basic amenities with your lodger in your home, where you are the owner, you do not need a licence. Please inform us of your lodger arrangement so we can hold a record of this property exemption information accordingly. A third lodger means the house is a HMO and it must be licensed under the council’s Additional Licensing scheme.

Yes, where the property is let on a tenancy then a licence is required. It makes no difference why you decided to rent the house out.

Yes. If you do not share basic amenities (kitchen or bathroom) or living accommodation (living / dining room) with the tenant it would not be classed as a lodger and a licence is needed

Landlord
 The landlord is the legal owner of the property.

• They hold the freehold or long leasehold title.
• They are ultimately responsible for the property, but they do not always have to apply for the licence themselves.
• The landlord can choose to appoint someone else to hold the licence if they are not involved in day-to-day management.

Licence Holder
 The licence holder is the person or organisation named on the licence who is legally responsible for:

• Complying with the licence conditions.
• Managing the property to the required standards (repairs, safety, tenancy management).
• Being a fit and proper person under the Housing Act 2004.

The licence holder can be:

• The landlord (if they are managing the property).
• A managing agent or letting agent, if they are responsible for day-to-day management.
• Another responsible person appointed by the landlord, such as a family member or company director.

Even if the landlord is not the licence holder, they still retain ultimate legal ownership. However, the licence holder carries the legal responsibility for ensuring the property complies with the conditions of the licence — and they can face enforcement action if things go wrong.

This may be possible depending on the management arrangements. The licence holder must be fit and proper and demonstrate satisfactory management arrangements exist. The proposed licence holder must have an address in the UK at which they can receive legal notices and correspondence and must have an email address to accept electronic service of documents. If the Landlord employs a UK managing agent (preferably a reasonable distance from Thurrock)  who has full management control then we advise the agent applies for the licence on your behalf. If Landlords do not have a UK management agent, with full control, then the Landlord must still make an application and explain their management arrangements so that we can consider them. As part of the application, we require a statement to explain how the non-resident Landlord will undertake the actions the managing agent is expected to do. A senior officer will decide all overseas Landlord applications on a case-by-case basis

The council must issue a licence if we are satisfied that:

• The landlord [manager] is fit and proper - in determining whether an applicant is ‘fit and proper’, the council must consider, any evidence found that the person applying for a licence has:
• committed any offence involving fraud or other dishonesty, violence, drugs and certain sexual offences
• Practised unlawful discrimination on the grounds of sex, colour, race, ethnic or national origins or disability in connection with any business 
• contravened any provision of the law relating to housing or landlord and tenant law

The management arrangements are adequate 

The licence conditions can and will be complied with 

The licence fee has been paid in full

The property meets occupancy and housing standards 

If the Council is not satisfied with the above, then we may decide to refuse the licence, reduce the term of the licence and/or impose extra conditions on the licence holder

It is your responsibility to ensure you have made a full and valid licence application. 

The Council can take a number of enforcement actions against you for not licensing your property, including: 

Civil Penalty 

The council can issue a financial penalty of up to £30,000 per offence instead of prosecuting you in court.

This penalty is a serious financial sanction and can be issued without going through the courts.

Criminal Prosecution

The council can prosecute you in the Magistrates’ Court for operating an unlicensed property.
 If convicted, you can face:

• An unlimited fine (there is no maximum cap)
• A criminal record

Rent Repayment Orders (RRO)

The council (or your tenants) can apply to the First-tier Tribunal for a Rent Repayment Order.

This means you may have to pay back up to 12 months’ worth of rent received while the property was unlicensed — either to the tenants (if they paid rent) or to the council (if they paid Housing Benefit or Universal Credit).

Banning Orders

If you are a repeat or serious offender, the council can apply for a banning order under the Housing and Planning Act 2016.

This would prevent you from letting or managing any residential property in England for at least 12 months.

Impact on ‘Fit and Proper’ Status

Failing to licence your property can affect your future eligibility to hold any property licences (including HMO licences) because it undermines your “fit and proper” status.

The application process  is on line.

If you should require a paper application as you are unable to complete online this will incur a paper application administration cost of £500.00 (application fee also required) 

If you do not have access to a computer, you are welcome to use any of Thurrock’s libraries for this purpose.  Click this link

Find a library | Thurrock Council

In addition, paper survey copies will also be available in any of Thurrock’s libraries.

Licensing should not affect your current rent. It is contractually agreed between you and your landlord through the terms and conditions of your tenancy agreement. Licensing will deliver management improvements to the property you rent as well as ensuring you have a legally binding tenancy agreement and that your rights and responsibilities are recognised and upheld.

It will improve the rental market across Thurrock by raising standards, whilst also supporting responsible landlords with tenancy disputes and troublesome and anti-social tenants. 

For Landlords:  

• Clear Guidelines and Standards: Provide a framework for landlords regarding property management and tenant relations.  
• Enhanced Reputation: Being part of a licensed scheme can improve the landlord's credibility and attract responsible tenants.  
• Support in Dealing with Problem Tenants: The council helps manage issues related to anti-social behaviour or tenancy disputes.  

Selective licensing aims to ensure that tenants live in safe, well-managed properties. Benefits include: 

• Improved Housing Quality: Ensures that rental properties meet minimum standards for safety and living conditions.  
• Increased Security of Tenure: Promotes stability in rental agreements, reducing the risk of arbitrary evictions.  
• Enhanced Support Services: Access to resources and support from the council for housing-related issues  
• Reduction in anti-social behaviour: Helps create safer communities by addressing issues linked to poorly managed properties.  

The four wards excluded from Thurrock’s proposed Selective Licensing scheme are:
• Little Thurrock Blackshots
• Orsett
• Stifford Clays
 • The Homesteads

While each of these wards is estimated to have above national average levels of poor private rented sector (PRS) property conditions, at the time of drafting, the size of the PRS in each ward falls below the threshold set out in government guidance for introducing selective licensing.

If your property is located in one of these wards, you are not required to hold a Selective Licence.

However, please note:

• Mandatory Houses in Multiple Occupation (HMOs) — properties occupied by five or more people forming two or more households — are still required to be licensed.
• Additionally, the council has approved an Additional Licensing scheme across the entire borough, which means that from September 2025, smaller HMOs (occupied by three or four people forming two or more households) will also require a licence.

Regardless of the nuances of tenancies arising under the Rent Act 1977, the aims, scope and licensing provisions of the Housing Act 2004 apply fully to those regulated and assured tenancies. It may be that tenants can enjoy the protections of the Rent Act 1977 and subsequent Housing legislation (lower than market rents, rights to reasonable repairs etc.) but such tenancies do not fall under any of the statutory exemptions of the scheme and these tenants are not classed as long leaseholders.

Yes, you will require a property licence. The scheme includes licensing for Nightly Paid Spot booked Temporary Accommodation for homeless households. All properties operated within the Property Licensing boundary map used as ‘Nightly let’ accommodation will be required to be licensed.

A holiday let is a short let, where the duration of the let is less than 90 days per year. 

For further guidance contact the council at Request a service | Thurrock Council 

There is a strong correlation between badly managed, poor quality rental properties and anti-social behaviour. You are not responsible for the behaviour of your tenants but landlords must manage their tenancies and ensure that anti-social tenants are given warnings about their conduct and where necessary terminate tenancies for persistent ASB issues.

Property inspections will take place over the course of the five-year period. This can either happen before or after the licence is granted. During the five-year period, the council will also respond to any complaints about the property and use its existing enforcement powers to deal with any issues that are not covered under the  Licensing conditions

If the property is unsuitable for the number of tenants currently accommodated landlords will be issued a licence stating the number for which it is suitable. If this is, more than currently accommodated, then landlords may keep their existing tenants until the expiry of the current tenancy and then not re-let the undersized room or rooms. No new occupiers should be admitted until occupiers match the number permitted on the licence.

You could receive a criminal conviction upon prosecution and/or an unlimited fine per breach or a civil penalty of up to £30,000 per offence. A conviction and/or multiple civil penalties could lead to you being placed on the National Rogue Landlord database.

No, if the property was licensable at the time you paid for your licence application, you would not be entitled to a refund if you sell the property.

No, property licences cannot be transferred from one person to another. If you sold a property during a licensing scheme, you must contact the council so that the existing licence can be revoked. The purchaser would need to apply for their own licence if they still want to rent out the property.

The Council has considered the alternatives available to it, to address issues in the proposed areas, prior to it proposing selective licensing as a solution.

Please refer to the Council’s Selective Licensing Consultation file. 

However, anyone can offer an alternative proposal during consultation. The alternative must offer a realistic chance of delivering the Council’s objectives and be able to offer confidence that sustainable change can be delivered. The Council will seriously consider any alternative proposal presented during the consultation.