Private landlords

Selective Licensing - FAQs

What is selective licensing?

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).  

Who is required to obtain a licence?

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. 

How do I apply for a property licence? 

The Council’s online application portal will go live on 1 November 2025. Please return to this page on that date to apply

 

Are there any exemptions to selective licensing?

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

a) properties licensable as an HMOs under mandatory or additional HMO licensing
b) properties let by a local authority or a Registered Provider (RP), traditionally known as a not-for-profit Housing Association
c) properties already subject to a management order
d) properties subject to a temporary exemption notice
e) owners who reside in property they own as their main residence (owner-occupiers).
f) holiday lets; and tenancies under a long lease and business tenancies
g) 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
h) student accommodation directly managed by educational institutions, e.g. halls of residence
i)  properties managed by a charity registered under the Charities Act 2011 and which
a.    is a night shelter, or
b.    consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.

What is the duration of a selective licence?

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.  

What are the typical licence conditions?

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.

The council’s full licence conditions can be found here: 

How much does a Selective Licence cost?

The Licence fees 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.

Fee Type  Part A  Part B  Total
Standard Fee £ 236.98   £797.92 £1,034.90 
Higher Rate* (operating unlicensed >12 weeks*)   £ 236.98 £1,530.42 £1,767.40  
Surcharge for Paper Application - New Application   N/A N/A £500

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

What enforcement actions can be taken against non-compliance?

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
 

Will I need a licence for each property I own or manage? 

Yes, each property will need a licence.

I have a single person living in my property, do I 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.

I have two people sharing a rented property, does it need a licence?

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

I have a house in multiple occupation (HMO) licence, do I need a selective licence as well?

 No

I am a resident landlord and share my home with two lodgers, do I need a 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.

I am required to live away for my employment. I rent my house out while away. Do I need a licence? 

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.

I rent out an annexe / self-contained flat which is part of my house. I am an owner-occupier. Do I need a licence for the annexe / flat? 

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.

What is the difference between the licence holder and the Landlord? 

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.

What is the criteria for granting a Selective Licence?

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.

What happens if I fail to apply for a licence? 

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.

Can I complete a paper application?

The application process is online.

If you do not have access to a computer, you are welcome to use any of Thurrock’s libraries to complete your application. 
Find a library | Thurrock Council

I am a tenant in the private sector. Will my rent go up as a result of licensing? 

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.

How do Landlords benefit from licensing? 

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.  

How do tenants benefit from licensing? 

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.  

My rented property is situated in a non-licensed ward, what does this mean? 

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

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.

Do I need a licence if my tenants have a Regulated or Assured Tenancy?

Yes. Even if your tenants have protections under the Rent Act 1977 – such as lower rents or rights to repairs – these properties are not exempt from the selective licensing scheme. Regulated and assured tenancies must still be licensed, as they are not classed as long leaseholds.

 

Holiday Let Exemption – What is a Holiday Let?

A holiday let is a property rented out short-term for holidays, not as a long-term home. Holiday lets are exempt from selective licensing.
If your property is a holiday let, please complete and return this declaration form:

I’m a landlord. Why am I being held responsible for my tenants’ behaviour?

We know landlords can’t control everything their tenants do. But poorly managed rental homes are often linked to anti-social behaviour (ASB). As a landlord, you’re expected to manage your tenancy properly. This means warning tenants about their conduct if problems arise, and taking further action – including ending the tenancy – if serious or repeated ASB continues.

Will my rented property be inspected before I get a licence?

Inspections may take place before or after your licence is granted. Over the five-year licence period, the council will also respond to complaints and use its enforcement powers to address any issues, including those not covered by the licence conditions.

What happens if I don’t comply with the conditions of my 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.

Will I be entitled to a refund if I sell my rented property? 

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.

Would a licence transfer to a new owner if I sold my rented 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.

Can I let my property before receiving the Property Licence? 

Yes, as long as you have submitted a valid application you can legally let the property. Any Selective Licensing Application forms received without payment (or where incorrect or deficient information is supplied) will not constitute a valid application. 

The application is asking for certificates that I do not have? 

All applications will require an electrical installation condition report (EICR) and a gas safety certificate (if there is gas in the property). 

Can an overseas landlord hold a licence?

Yes, but only if proper management arrangements are in place.
The licence holder must:
•    be a ‘fit and proper’ person,
•    have a UK address where legal notices can be sent, and
•    have an email address for official correspondence.

If you employ a UK managing agent (ideally based within a reasonable distance of Thurrock) who has full control of the property, they should apply for the licence on your behalf.

If you don’t have a UK-based agent, you must still apply yourself and clearly explain how you will manage the property from overseas. We will require a written statement setting out how you will carry out the responsibilities normally expected of a managing agent.

All overseas landlord applications are assessed individually by a senior officer.

My Landlord said they would evict me and sell my home if he is required to get a licence what should I do? 

It is illegal for your landlord to use the section 21 Notice for Possession procedure to evict you if they have not applied to licence a property that requires one. Additionally, if you have an assured shorthold tenancy agreement then your landlord must follow the correct legal procedure before evicting you. 

You can contact us at: If you're homeless or likely to become homeless | Homelessness | Thurrock Council  if you need more information.

Am I required to licence my property if I have a Regulated or Assured Tenancy? 

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.

I am a Landlord. How can I be held responsible for the behaviour of my tenants, why do you not target those responsible directly?

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.

Will my rented property be inspected before I get a licence?

Inspections may take place before or after your licence is granted. Over the five-year licence period, the council will also respond to complaints and use its enforcement powers to address any issues, including those not covered by the licence conditions.

Does Thurrock operate permitted room sizes in private rental properties?

Yes. The council enforces the minimum bedroom sizes in privately rented homes. Please see below the permitted room sizes.

•    < 4.64 sq m (50 sq ft): Any room under this size cannot be used as sleeping accommodation. 
•    4.64 sq m (50 sq ft): Minimum for one child under 10. 
•    6.52 sq m (70 sq ft): Minimum for one adult or occupant over 10. 
•    10.22 sq m (110 sq ft): Minimum for two adults or occupants over 10. 

I have rooms under the permitted space standard size, what should I do? 

Please submit your application detailing all rooms sizes. You do not need to take any action until we have assessed your application and permitted occupation.

Will I have to evict my tenants if my property is overcrowded?

If your property is found to be too small for the number of tenants living there, the council will issue a licence showing how many people can live in it safely. You won’t need to evict your current tenants but please seek advice from the selective licensing team at selectivelicensing@thurrock.gov.uk . You can keep them until their tenancy ends, but you must not let any new tenants move in until the number of occupiers matches the limit set in your licence.

What happens if I don’t comply with the conditions of my 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.

I’m a managing agent with more than 8 properties. Will my clients be penalised if I can’t apply for all licences on time?

We understand that agents with large portfolios may need extra time to submit licence applications for all their properties. If you manage more than 8 properties, please contact us selectivelicensing@thurrock.gov.uk to discuss your portfolio so we can agree a realistic timetable.

We only take formal action where a landlord or agent deliberately avoids licensing or where a property has serious safety hazards.

Will I be entitled to a refund if I sell my rented property? 

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. 

Would a licence transfer to a new owner if I sold my rented 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.

Do you offer a discount on licence fees?

No. The council does not currently offer discounts on property licence fees. This is reviewed each year.