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UK Property Licensing Legislation

At Kamma, we know that it can be time-consuming and confusing keeping up to date with property licensing legislation. Have a question that doesn’t appear? Get in touch with Kamma.

What is property licensing?

Property licensing is a regulatory system in the UK that requires landlords to obtain a licence to rent out certain types of properties. It aims to ensure minimum housing standards, improve property management, and protect tenants. There are three main types: mandatory HMO licensing (for larger shared houses), additional HMO licensing (for smaller shared houses in specific areas), and selective licensing (for all private rentals in designated areas). Introduced by the Housing Act 2004, licensing is enforced by local authorities and carries penalties for non-compliance, including fines, rent repayment orders and potential legal issues.

Why do you need a licence on a property?

A property licence is a legal requirement that demonstrates the property is suitable for occupation and managed to an acceptable standard. If you are found to be renting your property without a licence both the landlord and the managing agent can be fined, subjected to Rent Repayment Orders, Banning Orders, and other enforcement actions.

What is an HMO?

An HMO is a house in multiple occupancy: a property rented by at least 3 people who are not from one household and share facilities such as bathrooms, toilets or a kitchen. Definitions are different across the UK (England, Scotland, Wales and Northern Ireland) and determined by specific household configurations.

For more information, check out our What is an HMO guide.

What is a household?

A group of related people forming a single family living together. A family includes couples (married, unwed, same-sex), parents, grandparents, brothers, sisters, half-brothers, half-sisters, grandchildren, step-children, cousins, nieces, nephews, aunts and uncles.

For example: John lives with his wife plus two children and a friend. This would be 5 people from 2 households, which is classed as an HMO.

For example: Lucy lives with two friends and everyone has a partner. This would be 5 people from 3 households.

What is Mandatory licensing?

Mandatory HMO licensing is a UK-wide requirement for properties rented to 5 or more people from more than 1 household, sharing facilities. Introduced under the Housing Act 2004 and expanded in 2018, it aims to ensure larger HMOs meet safety and quality standards. Landlords must obtain a licence from their local council, demonstrating the property’s suitability, proper management, and safety measures. Operating an HMO without a required licence can result in fines up to £30,000 and other penalties.

Find out more in our Mandatory Licensing guide

What is Additional licensing?

Additional HMO licensing is implemented at the discretion of each UK local authority to cover HMOs not included under Mandatory HMO licensing schemes. It typically applies to smaller HMOs, such as those with 3 or 4 occupants from more than one household. Like Mandatory Licensing, it aims to improve housing standards and management practices, but it only applies in areas where the local council has specifically introduced it. Landlords in areas with additional licensing must obtain a licence for applicable properties or face potential fines.

Find out more in our Additional Licensing guide

What is Selective licensing?

Selective licensing is implemented at the discretion of each UK local authority to cover all private rented properties in a designated area, regardless of size or occupancy. It aims to improve housing standards, reduce antisocial behaviour, and tackle low housing demand in specific neighbourhoods. Landlords in areas with selective licensing must obtain a licence for each rented property, demonstrating they are “fit and proper” persons and meeting certain management standards. Like other licensing schemes, non-compliance can result in significant fines and penalties.

Find out more in our Selective Licensing guide.

What is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal mechanism in the UK that allows tenants, or local authorities, to reclaim rent that has been paid to a landlord when the landlord has failed to comply with certain legal obligations. These obligations often relate to property licensing and housing conditions under the Housing Act 2004 and the Housing and Planning Act 2016.

For letting agents and landlords, an RRO poses significant financial risk, as it can result in substantial repayments and reputational damage. Kamma’s platform helps letting agents avoid these risks by ensuring they are always up-to-date with property licensing requirements, preventing non-compliance that could lead to such orders.

In the context of property licensing, if a landlord has failed to obtain the correct licence for a rental property (such as an HMO or Selective Licensing), they may be subject to an RRO. This is especially relevant in areas where councils have introduced licensing schemes to ensure property standards and tenant safety.

The Rent Repayment Order Process
  • Tenant or Local Authority Application: The tenant or local authority applies to the First-tier Tribunal (Property Chamber) for an RRO.
  • Tribunal Hearing: The Tribunal reviews evidence and determines if the landlord is liable. The amount of rent to be repaid is decided based on the landlord’s level of offence and other considerations.
  • Rent Repayment: If successful, the landlord is required to repay up to 12 months of rent or housing benefit received during the period of the offence.
When Can a Rent Repayment Order be Issued?

An RRO can be applied for if the landlord has committed one or more of the following offences:

  • Failure to obtain the appropriate property licence under the Mandatory HMO (Houses in Multiple Occupation), Additional HMO, or Selective Licensing schemes.
  • Illegal eviction or harassment of tenants.
  • Breach of a banning order (prohibiting landlords from renting out properties).
  • Violent entry into a property.
  • Non-compliance with an Improvement Notice or Prohibition Order related to housing standards.
How do you get/apply for a licence?

Contact your council’s housing department or visit their website for application details. You’ll typically need to submit an application form, provide property and tenant information, pay a fee, and potentially undergo property inspections. The council will review your application to ensure you meet their standards before granting the licence. The process and requirements may vary slightly between different local authorities.

Kamma has a list of helpful area guides for specific licensing requirements; find your area here.

Where did property licensing come from?

Property licensing in the UK primarily stems from the Housing Act 2004. This legislation introduced the three main types of licensing schemes: mandatory HMO licensing, additional HMO licensing, and selective licensing. The Act gave local authorities the power to implement these schemes to improve housing standards and management in the private rented sector. Subsequent regulations, such as The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, have further defined and expanded these schemes. Local authorities use these legislative powers to create and enforce licensing requirements in their areas.

Find out what licensing scheme your region has by checking out Kamma’s UK property guides.

Who needs to apply for a property licence?

Both landlords and letting agents are responsible for ensuring the correct property licence is in place, whether it’s a Mandatory HMO, Additional HMO, or Selective Licensing scheme. Failure to secure the necessary licence can result in fines, Rent Repayment Orders, or banning orders from local councils, with liability falling on both parties.

What is a property licensing consultation?

A consultation is a formal process where local councils seek feedback from landlords, letting agents, tenants, and other stakeholders before introducing or renewing a licensing scheme, such as Selective, Additional, or HMO licensing. It typically involves sharing proposed changes, outlining the areas and property types affected, and gathering opinions to assess the impact of the scheme. Consultations are required by law to ensure transparency and allow affected parties to voice their concerns or support before a final decision is made.

Kamma Manager

At Kamma, we understand staying on top of property licensing compliance for your portfolio can be tough. That’s why we created our property licensing software, Kamma Manager, so you can rely on automated property licensing monitoring to stay compliant. 

Want to know more about how you can automate your property licensing? Book a free consultation call today.

What is Kamma Manager used for?

Kamma Manager offers clients 24/7 automated compliance monitoring. We offer a dashboard view to keep their whole portfolio up to date. A client would regularly update and add new properties to their dashboard, inputting the number of tenants and households to provide them with the licence required and to make each property compliant. This is the product that most agencies are using to monitor their portfolio.

How does the table/dashboard work on Kamma manager, what do the different columns mean?
How does the table/dashboard work on Kamma manager, what do the different columns mean?

Data required: This means we do not have enough information from the client to determine what licence is required, if any. It can be that we don’t have the people and household fields filled out or the postcode is inactive (This can happen if the property is a new build or it is not in our current address base data.)

Data complete: This means we have everything from you to determine what licence is required, you now need to approve the property and upload the licence document.

Licence requirement set: This means we are waiting for you to upload the licence, once this is completed the property will move to compliant.

Compliant: You are fully compliant, there is nothing else that we need from you at this stage, we are now able to fully monitor this property for any changes that may occur.

What do the numbers/percentages mean at the bottom of the dashboard?

This is the percentage of your properties that fall within that category. Ideally we want this to get to 100% compliant.

How do I add a property?

To add properties individually just click add on the dashboard, add a property ID/Reference which needs to be unique to the property and click add. To bulk upload when you click upload next to add you will see there is a template attachment. This is what you need to request agents to fill in which is sent to them in the welcome emails.

Kamma Reporter

What is Kamma Reporter used for?

Reporter generates a customised report to show what scheme the property falls under alongside the EPC data for the property and any improvements that can be made. Reporter is used to win new instructions and to also take along to valuations to increase the chance of winning that let. 

Kamma Checker

What is Kamma Checker used for?

Kamma Checker Search runs Instant licensing and compliant checks. Using Kamma Checker you can find the licence required for a property by a click of a button, just by adding the address of the property and click add. Our system will check the address against our proprietary database to give us definitive information on the licensing and HMO article 4 regulations that affect the property. Using the assessment tab it allows you to find out exactly which specific license is needed, whether that be mandatory, additional or selective. By clicking on the register tab we can tell you straight away if a property already has a license or not.

Does Kamma monitor checker properties?

We do not monitor checker properties, checker is used for one off checks only. Kamma Manager is used to monitor properties.