Does your landlord have a licence?

The Council’s ‘selective licensing’ scheme began in September 2022. Together with two schemes for shared housing already in force, it means all private rented homes in Oxford need a licence. 

During the first two years of selective licensing, private landlords and agents made 11,940 licence applications covering 13,580 homes. 

The Council has issued licences for 9,518 homes under selective licensing.  

A further 3,174 properties are also licensed as shared houses (houses in multiple occupation, or HMOs). 

The Council is urging private tenants to find out if their home has a licence and advising them on action they can take if it does not. 

Advice for tenants 

As a first step, tenants should check the register of selective licences to find out if their home is licensed. There is a separate register for shared houses. 

Licences are not published on the register until they are issued - it does not include pending applications. Any tenant living in a home not on either register should email rrt@oxford.gov.uk for further information and advice. 

Tenants living in an unlicensed home can apply to a First Tier Tribunal (FTT) for a rent repayment order (RRO). This allows them to claim back up to a year’s rent from their landlord for any period the home they live in is unlicensed. 

The Council can advise tenants on the process for applying for a RRO, provide supporting evidence and signpost them to organisations like Justice for Tenants or Flat Justice for further help. 

In 2022, the Council helped 44 tenants win nearly £85,000 at the FTT after the tribunal found they had been living in unlicensed student accommodation. 

Enforcement 

Unlicensed landlords and agents are at risk of other enforcement action. 

The Council can issue financial penalties of up to £30,000 and the courts have the power to impose unlimited fines for unlicensed homes. 

As well as RROs, unlicensed landlords and agents may have to repay any housing benefit paid to them by the Council. 

Unlicensed landlords cannot serve a section 21 ‘(no fault’) eviction notice. This means they cannot evade licensing rules by evicting tenants.  

Any tenant concerned about harassment and illegal eviction should email T6@oxford.gov.uk 

Comment 

“Everyone deserves a decent home. Our selective licensing scheme is helping ensure private rented homes are safe, properly maintained and well managed. 

“Most landlords and agents are responsible and want to do the right thing. We received licence applications for more than 13,500 homes during the first two years of selective licensing.  

“If you’re a private tenant you can find out if your home has a licence by checking our register of selective licences. If not, we can advise you whether there is a pending application and what further action you can take if your landlord hasn’t even applied yet.” 

Councillor Linda Smith, Cabinet Member for Housing and Communities

About selective licensing 

The 2021 Census found at least 32.2% of Oxford households rented privately. The true figure will be higher given lockdown restrictions in force at the time. 

An independent review of housing conditions by Metastreet in 2020 suggested up to half of Oxford’s homes are privately rented, with a fifth of these likely to have a serious housing hazard.  

Before September 2022 only houses in multiple occupation – shared houses – needed a licence, though these make up less than 15% of private rented homes in Oxford. Selective licensing means all privately rented homes need a licence to help ensure they are safe, properly maintained and well managed. 

Licensing requires private landlords to show they are complying with the law by meeting safety and management standards, being a ‘fit and proper person’ and meeting council waste storage and disposal requirements. 

Oxford is the only council in the country requiring a licence for all privately rented homes in its area.