Rental Property Licensing in Durham, County Durham

The private rental market in Durham, County Durham, plays a crucial role in providing housing for many residents. To ensure high standards of living and responsible property management, Durham County Council has implemented property licensing schemes. These schemes are vital for improving housing conditions, tackling anti-social behaviour, and ensuring that landlords meet their legal obligations. Understanding these regulations is essential for all landlords operating within the area to avoid penalties and contribute to a well-regulated rental sector.

Licensing schemes in Durham, County Durham

Durham County Council operates a Selective Licensing scheme in designated areas across the county. This scheme came into effect on 1 April 2022 and is set to expire on 31 March 2027. The purpose of selective licensing is to regulate landlords and managing agents of private rented properties in areas identified as suffering from low housing demand, high levels of anti-social behaviour, or deprivation. Currently, there are 103 areas designated under this scheme. It is important to note that this scheme applies to all privately rented properties within these specific areas, regardless of the number of occupants, unless they are already covered by other licensing requirements, such as Houses in Multiple Occupation (HMOs) that require an additional or mandatory HMO licence.

Who needs a licence?

Landlords who own and rent out properties within the designated selective licensing areas in Durham, County Durham, are legally required to obtain a licence for each property. This obligation extends to both the property owner and any managing agents involved. To be granted a licence, landlords and their agents must demonstrate that they are 'fit and proper persons'. This assessment considers any past offences related to fraud, dishonesty, violence, drugs, or unlawful discrimination, as well as breaches of housing or landlord and tenant law. Additionally, landlords must prove they have adequate management arrangements in place for their properties and commit to taking action to address anti-social behaviour originating from their tenancies.

How to check if your property needs a licence

To determine if your property falls within a selective licensing area, landlords should utilise the resources provided by Durham County Council. The council offers a selective licensing postcode list (CSV) and a postcode checker (Excel document) on their website, which can help identify if a property requires a licence. For a comprehensive and up-to-date check, landlords can also use services like tuxa.co.uk, where you can search by full address to ascertain the specific licensing requirements for your property in Durham, County Durham.

Consequences of renting without a licence

Operating a privately rented property within a designated selective licensing area without the required licence is a serious offence. Landlords found to be in breach of these regulations can face significant penalties. These include prosecution, which may result in an unlimited fine, or a civil penalty of up to £30,000. Furthermore, tenants residing in an unlicensed property may be eligible to apply for a Rent Repayment Order (RRO), which could compel the landlord to repay up to 12 months' worth of rental income. In cases where a licence cannot be granted or is revoked, the council may even take over the management of the property.

Useful contacts

For further information, guidance, or to discuss specific property licensing queries in Durham, County Durham, landlords should contact the Private Rented Housing team at Durham County Council. They can provide detailed advice on the selective licensing scheme, application processes, and any other related matters. You can typically find their contact details, including email and phone numbers, on the official Durham County Council website under the housing or private rented sector sections.