Selective Licensing Frequently Asked Questions (FAQs)

Holding a licence

Is this a property licence or landlord licence?

It is the property that is licensed. A licence is issued to a named person for a named property. This is not a landlord licensing scheme where we issue one licence to a landlord to cover all the properties they own / manage within Oxford.

Can the licence be in joint names?

The licence can only be issued to one named person. Joint owners would have to nominate one owner to be the licence holder.

Are licences transferrable if we want to change the Licence Holder or if the property is sold?

Under the Housing Act 2004, licences are non-transferrable for any reason once issued. If you would like to nominate a different person to hold the licence than the named licence holder in the initial application form, please notify us before the licence is issued. Once the licence has been issued, we will not be able to change the licence holder for any reason. Where the property has been sold, the licence would need to be revoked and a new application would need to be submitted by the new owner.

If the licence holder dies, what happens to the licence?

The licence would need to be revoked. Under the Housing Act 2004, a licence is not transferable to another person for any reason. There is an automatic three month temporary exemption where the licence holder passes away during the licence period, with the three months beginning on the date of death. At the end of the three months, a second exemption may be granted. However, at the end of the six months an application for a licence must be made regardless of any estate / probate ongoing matters.

There will be a short period this year where my property is not rented – does this mean my licence will be revoked?

The Council will not revoke the licence as long as one of the following are true:

1. The property is currently being refurbished and will be immediately advertised for let under a licensable tenancy upon completion of works
2. The property is currently being advertised for let under a licensable tenancy

If neither of the above are true, this means that the property has ceased to be a licensable property under Part 3 of the Housing Act 2004. Section 93 of the Housing Act 2004 gives the power to a local housing authority to revoke a licence where 'the house to which the licence relates ceases to be a Part 3 house'. In this situation the licence must be revoked.

Can a non-resident UK person (overseas landlord) hold a licence?

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 Oxford) 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 legally make an application and must explain their arrangements and we will consider these arrangements.

As part of the application, we require a statement to explain how the non-resident landlord will manage the property. Where there is a managing agent, we have developed this overseas landlord declaration for both the landlord and agent to sign and upload with the application (under the “other” document category). If a landlord does not use a managing agent, then we recommend you read the declaration and write a statement to explain how you undertake the actions that the managing agent is expected to do. This can be a word document and you upload with the application (under the “other” document category).

All overseas landlord applications will be decided on a case-by-case basis by a senior officer.

If a landlord resides in the UK and applies for the licence in their name, then subsequently decided to live overseas, would the license have to be transferred to the letting agent / another person? If so, what would the cost be?

Providing the landlord can demonstrate satisfactory management arrangements (e.g. full management agreement with agent) then the person could continue to hold the licence. We may need to vary the licence to add the managing agent details (if not already on the licence). A variation would be free. If the landlord cannot demonstrate satisfactory management arrangements, then someone else would need to hold the licence. As licences are non-transferrable, this would require the existing licence to be revoked and a new application at the standard application fee.

Do I need to inform the Council of changes to the number of occupants if the number changes while the licence is in force?

If the occupancy number increases then we will need to be informed to ensure the accommodation is suitable. It does not matter if the occupancy number decreases. The licence gives a permitted maximum.

Do I have control over the publishing of my name and address on the licence register?

Regulations require the name and the address of the licence holder and manager, if different, are published. You cannot ask for the information to be withheld. Legal Services have advised that address means “ the place the person is normally to be found” – that means, for a person your normal residential address or for a business, the usual place of business.

General scheme questions

How do I prove I am eligible for the Standard Fee instead of the Higher Fee?

Applications will be charged the standard fee (reflected in the stage two fee) where the application is submitted up to 4 weeks before or 12 weeks after the tenancy start date. This must be evidenced by tenancy agreements that show (a) the property address and (b) the tenancy start date.

Or, if you have purchased a property with tenants in situ, acceptable evidence would include land registry documents or a statement from solicitor to confirm the property was purchased within the past 12 weeks.

How do I prove I am eligible for the Accreditation Discount instead of the Standard Fee?

In addition to providing evidence that the property is first eligible for the Standard fee, we require the following for an application to be eligible for the accreditation discount:

Accreditation Certificate: You must be accredited with one of the accepted schemes at the time of application and throughout the duration of the licence. Alternatively, the discount would be applied where the property is fully managed by an accredited agent at the time of application and throughout the duration of the licence. Where the landlord holds the accreditation then you will need to submit a copy of the accreditation certificate with the application. Where the agent holds the accreditation then this is published on our website. The licence holder must also ensure that accreditation is held throughout the duration of the licence, either by the Licence Holder or managing agent with full management control.

Safety Certificates: The application must be submitted with all required safety certificates, all certificates must be signed and in-date to be accepted. See the Accreditation page for more information on Safety Certificates required.

How long will the licence be issued for?

The standard selective licence will be five (5) years from the date of issue. A one (1) year licence will be given where there are serious concerns regarding the proposed licence holder, management arrangements or conditions.

Can I pay the licence fee in instalments?

The licence fee will be paid in two payments, the first when the application is submitted and the second when the draft licence is issued. No further instalments are possible.

If you have more than one application, can you pay all together?

You can complete up to 8 applications on the system at one time. Once 8 have been created and are ready for payment, stop and pay for these 8 before creating any further applications. E.g. if you have 14 applications then you complete 8, pay for these and then complete the remaining 6 and pay. The limit of 8 is set by the payment system.

If I have applied but the Council has not issued the licence, can I still rent the property or serve a section 21 notice?

Once the application is made, the legal duty on the landlord has been fulfilled. You can then let the property and also serve a section 21 notice.

Do I need a licence/application to advertise a property for let? Can a tenancy agreement be signed without a licence/application and when do I apply?

You can advertise the property and sign a tenancy agreement without a licence or application. The application can be made up to 4 weeks before or 12 weeks after the tenant moves in. The requirement for the property to have a licence/application in place begins on the first day that the property is occupied under a licensable tenancy.

Can neighbours or tenants object to a licence?

No. This is not part of the requirements of the Housing Act 2004. They may have information the council considers, however they cannot make an objection - this is different to planning permission applications.

I am a tenant, if I complain about disrepair will the Council tell my landlord?

Property licensing means that the Council can undertake property inspections without a tenant having to complain. Inspections are undertaken with the landlord present, but the Council will not inform your landlord if a complaint has been made. However, in all cases we would encourage you to speak to your landlord about any disrepair where possible.

How will you get landlords to apply for a licence?

We publicised the scheme to make landlords aware of their obligations before the scheme started.

Where applications are not forthcoming, the Council investigates the properties we have reason to believe should be licensed.  This may include an unannounced visit to the property or letters to the owners to make them aware of their obligations.

If this does not lead to an application then failure to licence properties can lead to a prosecution or a civil (financial) penalty. It may also affect any decision regarding existing or future licences. Tenants can also apply to claim their rent back (rent repayment order) for the period the property was unlicensed, or housing benefit can be ordered to be repaid.

I do not have access to a computer. Is there another way for me to apply?

You can use a public computer at a library or use your tablet or smartphone, or ask a friend or relative to apply for the licence on your behalf. If this is not possible, a paper form is available for an additional fee (see our Fees and Charges page). However, it is expected that as landlords are considered a business they should be able to operate electronically.

As a landlord what are my responsibilities in relation to Anti-social Behaviour (ASB)?

Licensing in Oxford is primarily seeking to improve the property condition. Reducing ASB is a secondary benefit of the licensing scheme. Anti-social Behaviour can adversely impact on the local community. As a landlord you have an important role in ensuring that your property does not have a negative effect on the neighbourhood. The council will be developing a good practice guide for landlords and managing agents to help you address any anti-social behaviour arising from your rented properties. 

For example, ensuring the tenants know which days to put out waste and recycling and what can and can’t be placed in waste / recycling bins; including clauses in the tenancy about neighbourly behaviour and not causing anti-social behaviour, responding to complaints about waste and noise; co-operating with requests from the council, police or other authorities in response to anti-social behaviour issues. Ultimately, taking action to evict tenants in the most serious cases where issues are not resolved.

What is the requirement for smoke alarms and testing? What happens if the tenant has been there for 5 years with a smoke alarm and testing, what duty do we have? Do you need a heat detector in the kitchen?

Under the Smoke Alarm and Carbon Monoxide regulations, there must be a smoke alarm on every storey (floor) used as living accommodation and the smoke alarms must be tested on the first day of a new tenancy. From 01 October 2021, in addition, if the alarms are reported or found to be faulty the landlord has a duty to replace / repair the alarms.

These requirements apply even if the tenant has been there for a long time. If you sign a new tenancy then this means you need to test the alarm on the start date of the new tenancy. If it is a rolling periodic tenancy then the repair obligation commences from 01 October 2018.

Although battery alarms are acceptable, under the Housing Health and Safety Rating System then battery alarms are likely to lead to a higher risk and landlords are likely to be asked to install mains powered alarms.

There is no requirement for a heat detector as part of the licence, unlike for HMOs. However depending on property layout and other risk factors then a heat detector may be required under the Housing Health and Safety Rating System.

Why is it called 'Selective Licensing'?

The term comes from the Housing Act 2004. The Housing Act 2004 allows the local authority to select all, or parts, of their area subject to these licensing controls. It refers to the “selection” of the area as opposed to the people who have to apply or properties covered. You can find out more about why the council has introduced the scheme on our Selective Licensing background page.

Where does the money go and will it improve the properties in the city?

The money can only be used to pay for the operation and enforcement of the scheme. The money pays for the processing and inspecting officer, including ICT etc. The properties will be inspected and through this, improvements will be asked for. The scheme is required to be cost neutral by the end of the 5-year scheme.

Exemptions

Do flats require a licence?

Flats that are let on a tenancy or licence will be covered by the Selective Licensing scheme.

Where the flat is occupied by the leaseholder or freeholder, then this is exempt and does not require a Selective Licence. Please see the Exemptions page for more information on exemptions from Selective Licensing.

Does the scheme cover studio flats?

Yes, studio flats are included.

I have an HMO licence, do I need a selective licence as well for the same property?

No. A property needs either an HMO licence or a selective licence and cannot have both at the same time.

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. This also applies if the property is occupied by two persons on a non-exempt tenancy.

I am a resident landlord and share my home with one lodger, 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. This also applies if you have two lodgers. If you have more than two lodgers, an HMO application may be required. Please contact hmoapplication@oxford.gov.uk for more information.

My house is occupied by my son and two lodgers. Do I need a licence?

No, if the house is occupied by a member of the owner’s family then the same rule applies as though the owner lived in the property themselves.

My house is occupied by my son’s wife’s niece and one lodger. Do I need a licence?

Yes, your son’s wife’s niece is not considered your family member, therefore a licence would be required.

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

I am required to live away for my employment for over half of the year. I rent my house out while away, but otherwise I use the property as my main residence. Do I need a licence?

Yes, where the property is let on a tenancy then a licence is required. The exemption for properties that are owner-occupied only applies where they use the property as their main residence for at least 181 days out of the year.

'Holiday lets' exemption - what is meant by a holiday let?

Legal Services have interpreted a holiday let is a short let, where the duration of the stay in less than 90 days. Please note, there are also restrictions on planning use with holiday / short lets as well. 

My property is let on a pre 1985 Housing Act tenancy - is this included?

Pre Housing Act 1985 tenancies, such as tenancies under the Rent Act 1977 and the Housing Act 1980 fall within selective licensing.

My property is let on a common law tenancy - is this included?

Yes. The exemptions under the 2006 Order do not include a common law tenancy where the rent is £100,000 or more a year and therefore such tenancies are included within selective licensing unless the tenancy falls within another exemption.

My property is an Oxford City Council Homechoice property - is this included?

Yes. While the Council may assist with finding tenants, arranging the tenancy and other matters, the actual tenancy is between the landlord and the occupant. It is not a tenancy granted by the Council.

I have a live in carer. They do not pay rent, however contribute to household bills. Do I need a licence?

No, this would not be a tenancy.