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Section 95: Offences in relation to licensing of houses under this Part

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Our take on Section 95: Offences in relation to licensing of houses under this Part

In our view this is the section that makes selective licensing matter to renters. If your council requires a licence for your home and there isn't one, letting it is a criminal offence, and since 1 May 2026 a landlord higher up a rent-to-rent chain can commit it too. In England it lets you apply to the First-tier Tribunal for a rent repayment order, with no prosecution needed. The limit is proof and timing. A valid licence application is a defence while it is pending, a reasonable excuse can defeat a claim, the tribunal must be sure beyond reasonable doubt, and repayment is capped at 2 years, or 12 months for any part before 1 May 2026.

Part 3: Selective licensing of other residential accommodation

A person commits an offence if he is a person having control of or managing a house which is required to be licensed under this Part (see section 85(1)) but is not so licensed.

A person commits an offence if—

he is a licence holder or a person on whom restrictions or obligations under a licence are imposed in accordance with section 90(6), and
he fails to comply with any condition of the licence.

In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time—

a notification had been duly given in respect of the house under section 62(1) or 86(1), or
an application for a licence had been duly made in respect of the house under section 87,

and that notification or application was still effective (see subsection (7)).

In proceedings against a person for an offence under subsection (1) or (2) it is a defence that he had a reasonable excuse—

for having control of or managing the house in the circumstances mentioned in subsection (1), or
for failing to comply with the condition,

as the case may be.

A person who commits an offence under subsection (1) is liable on summary conviction to a fine .

A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

For the purposes of subsection (3) a notification or application is "effective" at a particular time if at that time it has not been withdrawn, and either—

the authority have not decided whether to serve a temporary exemption notice, or (as the case may be) grant a licence, in pursuance of the notification or application, or
if they have decided not to do so, one of the conditions set out in subsection (8) is met.

The conditions are—

that the period for appealing against the decision of the authority not to serve or grant such a notice or licence (or against any relevant decision of the appropriate tribunal) has not expired, or
that an appeal has been brought against the authority's decision (or against any relevant decision of such a tribunal) and the appeal has not been determined or withdrawn.

In subsection (8) "relevant decision" means a decision which is given on an appeal to the tribunal and confirms the authority's decision (with or without variation).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.