Exemptions from Selective Licencing
Some properties are exempt from licensing, in some circumstances.
Your property is completely exempt if:
- It is subject to a current prohibition order
- It is being used for business premises
- It requires another type of licence (e.g. a HMO licence)
- It has a tenancy for agricultural land/holdings
- It is controlled by:
- A local housing authority
- A registered Social Landlord
- A police authority or Metropolitan police authority
- A fire and rescue authority
- A health service body
- It is a property occupied only by students undertaking a full-time course of further or higher education. Also, where the person managing or in control of it is the educational establishment
- The tenancy agreement has been granted for more than 21 years and the agreement does not contain a provision which allows the landlord to end the tenancy (other than forfeiture) earlier than the term of the lease. (The house or dwelling must be occupied by the original person who was granted the tenancy or any members of their family). These are known as “protected tenancies”
- The tenant is a member of the landlord’s family as specifically designated by the provisions of the Housing Act 2004. (The house must be the occupiers’ main residence. The person granting the occupancy must be the freeholder or leaseholder, which is for a period of more than 21 years. This lease must not contain a provision allowing the landlord to end the tenancy (other than forfeiture) earlier than the term of the lease)
- The tenancy or license is granted for the occupancy of a holiday home
- The occupier shares the accommodation with the landlord or licensor or a member of the landlord or licensor’s family.
You may be eligible for a temporary exemption notice if you take steps to ensure that the house does not need a licence, for example:
- Where there is a sale agreed to someone who intends to live in the property themselves
- Where the owner is moving back into the property
- Where there is current conversion works to change the use of the property to commercial premises
Full details of available exemptions can be found below.
