FAQs

Selective Licensing is a discretionary licensing scheme which was introduced by the Housing Act 2004 (part 3, section 80). It allows local housing authorities to designate ‘areas suffering from either significant and persistent anti-social behaviour and / or low housing demand’.  In 2015 the conditions were expanded to include poor property conditions, high crime, high levels of deprivation and high migration.

Selective Licensing requires the landlords of all privately rented properties operating within a designated area to apply for a licence and to operate under the terms of the licence issued by the Local Authority. There are costs associated with administration of the scheme which are covered by the payment of a licence application fee.

 All licences will have conditions applied to them. These will vary based on the individual circumstances, but are aimed at ensuring that properties are safe and managed correctly.

No, the scheme is designed to be cost neutral as required by the Housing Act 2004. Fees collected will only offset the administration and management costs of the scheme. The Council is not allowed to generate any surplus income from the scheme and this has been reflected when working out the licence fee.

The licence is granted to the landlord or agent.  However, landlords will be required to hold a separate licence for each property they own. This is a property licensing scheme and every property a landlord owns within the designated area requires a separate licence.

Yes, all landlords applying for a licence will be subject to a ‘fit and proper’ person check. This will include things like:

• Any unspent housing convictions, offenses involving fraud, violence or drugs.
• Any offence listed in the Schedule 3 to the Sexual Offences Act 2003.
• Any unlawful discrimination on the grounds of sex, colour, race, ethnic or disability in connection with the carrying out of any business.

If the applicant is found not to be fit and proper to hold a licence, a licence cannot be granted. They would need to hand over all aspects of the property management to a non-related agent, remove it from the rental market, or if the property is occupied, the council could make a Management Order to take over the running of the tenancy.  

A licence is required for all privately rented accommodation in the designated area that is not already licenced as a house in multiple occupation (HMO).

This means all properties rented to single households. It excludes properties owned or controlled by registered housing providers including the Council’s own housing stock.

There will be a requirement for a landlord to apply for a licence as soon as the designation comes into force.  There will be a three-month notice period before the scheme begins, giving landlords time to make their applications in advance.

It is the responsibility of the person who has control of the property (usually the person who receives the rent for the property) to apply to the Council for a licence. This can be the owner or manager. The Council must issue a licence if it is satisfied that: 

• The proposed licence holder and proposed manager (if there is one) is a 'fit and proper person' and 
• That they are the most appropriate person to hold the licence and
• The proposed management arrangements are satisfactory and 
• Persons involved in the management of the house are competent. 

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

Yes, there is an appeal process to follow which would be notified to landlords as part of their decision letter.

It is a legal requirement for landlords to apply for a licence and a criminal offence if a landlord fails to do so. Failure to licence may result in a financial penalty of up to £40,000 or a prosecution and an unlimited fine.

Landlords who fail to licence may also be required to repay any rent they have received during the period of time which their property was unlicensed. The council also have the ability to take over management of properties where landlords fail to obtain a licence.

There are mandatory licence conditions that are required to be attached to every licence set out in Schedule 4 of the Housing Act. These are

• Annual gas safety certificates to be 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.
• In addition, we may consider applying other conditions applied which will vary depending on the circumstances, we do not apply blanket licence conditions. 
• Licence conditions will be applied as considered appropriate for regulating the management, use or occupation of the property.

These may include:

1. Conditions imposing restrictions or prohibitions on the use or occupation of particular parts of the property by persons occupying it;
2. Conditions requiring the taking of reasonable and practicable steps to prevent or reduce anti-social behaviour by persons occupying or visiting the house.
3. Conditions requiring facilities and equipment to be made available in the house 
4. or the purpose of meeting prescribed standards.
5. Conditions requiring such facilities and equipment to be kept in repair and proper working order.

The Council’s Private Sector Housing Enforcement Policy and separate Civil Penalties Notice Policy set out our enforcement approach to unlicensed properties and breaches of licence conditions.

There is a map showing the designated areas with details of the streets included. This can be found in appendix 1.

Properties that are solely used as Holiday Accommodation would not require a licence as they are exempt from the requirements of the proposed Selective Licensing scheme.

• Owner-occupied properties
• Properties already subject to mandatory HMO licensing
• Properties subject to a housing prohibition orders
• Buildings managed by a local housing authority, housing associations, police or fire & rescue authority or a health service body
• Certain student halls of residence

Full details of all exemptions are in the legislation here.

A resident landlord (owner) and family may share a house with one or two unrelated lodgers without the need for a licence.

Selective Licensing requires landlords to provide items such as gas safety certificates, the safe provision of electrical appliances and furniture and to keep the fire detection and alarm system in working order. This should provide a greater degree of safety and reassurance to the tenant. Tenants will have the reassurance that their landlord is obliged to ensure that their property is properly managed. Tenants should also be aware that if they were to engage in anti-social behaviour, through the terms of the licence, their landlord will be legally required to take appropriate action to address this, including possession proceedings.

The Council is legally required to maintain a public register of properties that are licensed. This will be publicly available on our website.

Selective Licensing will ensure that privately rented properties in your area are being managed appropriately. This should result in benefits to all residents, businesses and visitors to the local area.

If your application is refused e.g. you are found not to be a fit and proper person and you are unable to put forward a suitable alternative person to be the licence holder, you will be committing a criminal offence if you continue to let the property.

If a landlord or person in control of a licensable property intends to stop renting it to tenants, and can give clear evidence of this, they can apply for a Temporary Exemption Notice.

If the Council decides to grant an exemption notice, this will last for a maximum of three months, and ensures that a property in the process of being taken out of the licensing criteria does not need to be licensed.

If the situation is not resolved within this period, then a second (and final) Temporary Exemption Notice can be issued. When this Notice runs out the property must either be licensed, become subject to an Interim Management Order, or cease to be a licensable property.

Licences are non-transferable. If a new licence holder is to be introduced, then a new licence will have to be applied and paid for.

No, a licence is personal to the licence holder and specific to the property.

The Council evaluated data on the worst performing areas in Southend. The data was analysed on small geographic areas known as Lower Super Output Areas (LSOAs). LSOAs are used as they are the lowest level of geographic data for which indicators are generally produced by central Government and other agencies.  They allow the Council to produce a more localised picture of the different areas within the City. All LSOAs were ranked based on these indicators and the worst performing areas for every indicator were noted and selected for the proposal. This may mean that there are roads that are included without having all the problems stated but due to being situated in the neighbourhood (LSOA) such roads will be included in the scheme.

Yes, the Council is aiming to inspect every property that has a licence. When the property is inspected will depend on the level of risk associated with the property. A higher risk property will be inspected sooner than a lower risk one. The level of risk, depends on previous history, condition, management, and whether a complaint is received from a member of the public or another service.

There is evidence that badly managed, poor quality rental properties encourage anti-social behaviour.

The official guidance states:

"A landlord has responsibility to ensure persons he/she has permitted to reside at a property do not cause an annoyance or nuisance to other persons residing in it, or other persons living, working or visiting the immediate neighbourhood. If anti-social behaviour is being carried out within the immediate vicinity of the property and is being caused by the occupiers of it, then it would be reasonable to expect a landlord to ensure that those persons are not conducting themselves in a way that is adversely impacting on the local community. This applies equally to visitors to the property."

Effective management of tenancies ensures that anti-social tenants are given warnings about their conduct. Landlords know what is going on in their rentals and where warnings fail can terminate tenancies for persistent ASB issues. The Council will work with partners to help landlords gather the evidence they need to support the eviction in Court.

Licensing will improve the renting in the borough by improving conditions, raising management standards and ensuring proper tenancy arrangements are in place.

Tenants and prospective tenants will know that landlords are 'fit and proper' persons who have agreed to abide by the conditions of their licence.

All licensed property will be listed on a public register, which tenants can access to find out whether the property is licensed and will therefore be able to refuse to rent properties that aren't.

The introduction of a Selective Licensing scheme does not mean that your rent will increase. Landlords may consider the cost of licensing alongside other expenses when reviewing their rental charges.

Under the Renters’ Rights Act 2025, landlords of relevant private tenancies must follow the statutory process for increasing rent. Generally, rent can only be increased once a year, with at least two months' notice, using the prescribed procedure. Tenants have the right to challenge a proposed increase through the First-tier Tribunal if they believe it exceeds the market rent.

The Council expects landlords to consider licensing fees as part of the normal costs of operating a rental business. Landlords should not seek to recover these costs through rent increases; any increase must comply with the relevant legal requirements.

The Council will consider the potential impact of licensing costs on tenants and rental affordability as part of its assessment of the proposed scheme.

If you sell your licensed property, you MUST let the Council know as soon as possible and request to revoke the licence. If not, the licence will still be in your name, and you may be liable if the conditions are not complied with.

There will be a targeted approach to enforcement, and the Council will use a variety of methods to find those that haven't licensed. The Council will also respond to complaints received about unlicensed property. The Council will seek to impose a Civil Penalty or prosecution landlords that have failed to license their property in line with our Enforcement Policy.