What Is Selective Licensing?
Selective licensing is a scheme that local councils can operate under the Housing Act 2004, requiring all private landlords in designated areas to obtain a licence before renting out their property. Unlike mandatory HMO licensing — which applies nationally to larger shared properties — selective licensing can cover all privately rented properties in an area, regardless of size, type, or number of occupants.
Newham Council operates one of the most comprehensive selective licensing schemes in England, covering virtually all privately rented properties in the borough. This means that a landlord renting a single flat, a studio, a family home, or a shared house in Newham without a selective licence is committing a criminal offence.
What the Scheme Covers
Newham's selective licensing scheme is notable for its breadth. Unlike selective licensing in other boroughs where the scheme applies only in designated wards or streets, Newham's scheme is designed to cover the vast majority of privately rented homes across the whole borough. This includes:
- Single self-contained flats and studios
- Family homes rented privately
- Shared houses and flats (in addition to any HMO licensing requirements)
- Bedsits and rooms within houses
- Newly converted properties
There are limited exemptions — for example, properties already subject to mandatory HMO licensing may be treated differently — but these exemptions are narrow. For the vast majority of Newham tenants, their landlord needed a selective licence.
Key fact: If you are renting any property in Newham, there is a high probability that your landlord was required to hold a selective licence. If they did not, you may be entitled to apply for a Rent Repayment Order.
What Is a Rent Repayment Order and How Does It Apply in Newham?
Where a landlord has rented a property in Newham without the required selective licence, their tenant can apply to the First-tier Tribunal for a Rent Repayment Order (RRO). An RRO is a legally binding tribunal order requiring the landlord to repay up to 12 months of rent that the tenant has already paid.
You do not need to prove that you suffered any financial loss. You do not need a criminal conviction against your landlord. The Tribunal simply needs to be satisfied that the landlord was renting without the required licence during your tenancy.
How Much Could You Claim?
The Tribunal can award between one and 12 months of rent. For a tenant paying £1,400 per month in an unlicensed Newham property over a full 12-month period, the potential recovery is up to £16,800. Even for shorter tenancies, the amounts can be substantial.
The amount the Tribunal awards depends on factors including the seriousness of the breach, whether the landlord was aware of the licensing requirement, the condition of the property during the tenancy, and whether there have been previous enforcement actions against the same landlord.
How Do I Know If My Landlord Had a Selective Licence?
You can request information from Newham Council about whether a property was licensed during a specific period. However, the most straightforward approach is to ask us — we check Newham's licensing register for every client as part of the free initial assessment, at no charge.
We tell you clearly whether your landlord held a selective licence during your tenancy and whether you have grounds for a Rent Repayment Order. This typically takes one working day.
We help tenants across Stratford, West Ham, Forest Gate, Plaistow, Canning Town, East Ham, Upton Park, Manor Park, Beckton, and all other Newham areas check their landlord's selective licence status — completely free of charge.