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Rent Repayment Order for a Selective Licensing Offence

Updated 12 August 2026 · 6 min read

Selective licensing is different from HMO licensing — it applies to every private rental in a designated area, no matter how many people live there or whether the property is shared. If your landlord let you a property in a selective licensing area without holding a licence, that's a criminal offence and a valid ground for a Rent Repayment Order.

What Is Selective Licensing?

Under Part 3 of the Housing Act 2004, a local council can designate all or part of its area as subject to selective licensing — usually to tackle poor property conditions, antisocial behaviour, or a high concentration of privately rented homes. Once an area is designated, every landlord letting a property there, whether it's a single flat to one tenant or a family house, must hold a selective licence.

Newham runs one of the largest borough-wide selective licensing schemes in London — virtually every private tenancy in the borough needs a licence. Southwark, Waltham Forest, Lambeth, Haringey and Lewisham also run selective schemes covering specific wards or the whole borough. We check the position for your address, free, as part of your assessment.

How This Differs From an HMO Claim

Selective licensing doesn't depend on how many people live in the property or whether you share facilities with anyone. A single tenant renting an entire self-contained flat in a selective licensing area is just as entitled to claim as a tenant in a shared HMO. This makes it one of the broadest and most commonly overlooked RRO grounds, because tenants often assume licensing rules only apply to shared houses.

Checking Whether Your Landlord Held a Licence

  • Confirm whether your address falls within your council's designated selective licensing area — coverage can vary street by street.
  • Search your council's public licensing register for the property.
  • If nothing comes up, or the licence shown expired during your tenancy, the offence likely applies.

What You Could Recover

As with any qualifying offence, the Tribunal can order repayment of up to 12 months' rent paid while the property was unlicensed. You don't need to show any financial loss beyond the rent itself — see our guide on how RRO amounts are calculated for the factors the Tribunal considers.

Frequently Asked Questions

Does selective licensing apply to a self-contained flat, not just shared housing?+
Yes. Selective licensing applies to every private letting in a designated area, regardless of size or occupancy — including a single flat let to one tenant.
My landlord has a licence for a different property — does that count?+
No. A selective licence is specific to the individual property. A licence held for another address doesn't satisfy the requirement for yours.
Can I combine a selective licensing claim with a deposit compensation claim?+
Yes — these are separate legal remedies and many tenants qualify for both. We assess all potential claims, including deposit compensation, at no charge.