The law changed on 1 May 2026. The Renters’ Rights Act 2025 raised the maximum Rent Repayment Order from 12 months’ rent to 2 years’ rent, and extended the deadline for applying from 12 months to 2 years from the date of the offence.
These new limits apply to offences committed on or after 1 May 2026. If your landlord’s offence was committed before that date, the previous rules still apply to you: a cap of 12 months’ rent, and 12 months to apply. Not sure which applies? Tell us the dates and we will work it out for you.
Almost everything written about Rent Repayment Orders assumes a shared house. Selective licensing is the exception, and the reason many people who live alone or with their family turn out to have a claim they never suspected.
What makes it different
Mandatory and additional licensing are about HMOs — shared housing. Selective licensing, brought in under section 80 of the Housing Act 2004, applies to privately rented homes generally in a designated area, whether or not anyone is sharing.
So in a selective licensing area:
- a single person renting a one-bedroom flat can be covered;
- a couple renting a house can be covered;
- a family renting a house can be covered.
None of these is an HMO. None would need a licence under the other two schemes. All of them can found a Rent Repayment Order claim if the landlord did not have a licence.
If you rule yourself out of an RRO because “it wasn’t a house share”, this is the article to read twice. Selective licensing is the most under-claimed ground we see.
Why councils bring it in
A council may designate an area for selective licensing where it is experiencing problems such as low housing demand, significant anti-social behaviour, poor property conditions, high levels of migration or deprivation, or high levels of crime — and where licensing is likely to help.
The council must consult before designating. Larger designations may need confirmation from the Secretary of State. Like additional licensing, a designation lasts a maximum of five years and then lapses unless renewed.
What a selective licence requires
Conditions are lighter than for an HMO licence but still real. They commonly cover:
- a valid annual gas safety certificate;
- electrical safety, with periodic inspection;
- working smoke alarms;
- proper tenancy agreements and referencing;
- dealing with anti-social behaviour by occupiers;
- the landlord or manager being a “fit and proper person”.
The licence is personal to the holder, lasts up to five years, and cannot be transferred if the property is sold.
The offence
Controlling or managing a house that requires a selective licence without having one is an offence under section 95(1) of the Housing Act 2004. It sits on the section 40 list in the Housing and Planning Act 2016, so it grounds a Rent Repayment Order in exactly the same way as the HMO offence.
The defences mirror the HMO ones: that a licence application had been duly made, or that the landlord had a reasonable excuse.
How to check whether you were covered
- Search your council’s website for “selective licensing” and the borough or district name.
- Find the designation and check three things: the dates it was in force, the area it covered, and any exemptions.
- Check whether your address falls inside the designated area — many are ward-level or street-level rather than borough-wide, so a neighbouring street may not be covered.
- Search the council’s public register of licensed properties for your address.
- Compare the licence dates and holder against your own tenancy dates.
A gap, an expired licence, a different holder, or no entry at all for part of your tenancy is worth investigating.
What it could be worth
The same as any other RRO: up to 2 years’ rent for offences committed on or after 1 May 2026, and up to 2 years’ rent for earlier offences, subject to the tribunal’s assessment of seriousness and the conduct of both parties.
Because selective licensing covers whole homes rather than rooms, the rent figures involved are often larger than in a house share, where each tenant claims only their own share.
Common misunderstandings
- “My landlord is a good landlord.” The offence is failing to license. A well-kept property with a decent landlord is still an unlicensed property, though good conduct will reduce the award.
- “I only rented for a few months.” You reclaim the rent you paid during the offence. A short tenancy means a smaller claim, not no claim.
- “The agent handled everything.” Responsibility rests with the person having control of or managing the property. An agent’s mistake is not automatically a reasonable excuse.
- “I’ve moved out.” Former tenants can apply.
Selective licensing is the hardest scheme to check yourself, because designations are often street-level and councils publish them inconsistently. Send us the address and the dates you lived there and we will establish the position — free, and with no obligation.
This article is general information about the law in England and is not legal advice about your own circumstances. Designations and their exemptions vary between local authorities and change over time. The rules differ in Wales, Scotland and Northern Ireland.
Think this applies to you? Checking whether your landlord needed a licence is free and takes about two minutes. Find out if your landlord was licensed.