Some types of tenancy are exempt from selective licensing schemes:
- it is managed or controlled by a local housing authority, a police authority, metropolitan police authority, a fire and rescue authority or a health service body
- it is owned by Registered Social Landlords
- it is subject to a current prohibition order
- it is being used for business premises
- it requires another type of licence (for example a Mandatory HMO or Additional licence)
- it has a tenancy for agricultural land/holdings
- holiday homes
- it is a property occupied solely by students undertaking a full-time course of further or higher education and where the person managing or in control of it is the educational establishment
- houses occupied by members of the owner's family
- if the house is occupied by the tenant and landlord or his family
- certain student halls of residence
- the property is not in a licensable area
- if the property is not tenanted at the start of designation and remains unoccupied throughout the period of the licence. (As soon as the property is rented out, an application for a licence must be made)
- properties where a Temporary Exemption Notice (TEN) is in force
- properties where a Interim or Final Management Order is in force under Part 4 of the Act.
- the tenancy agreement has been granted for more than 21 years and where the agreement does not contain a provision allowing the landlord to end the tenancy (other than forfeiture) earlier than the term of the lease. (The house or dwelling must be occupied by the original person who was granted the tenancy or any members of their family)
- the property is occupied under an exempt tenancy or licence, as defined in the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006.
- buildings already regulated under certain other statutory provisions (Schedule 1 to SI 2006 Number 373)
A ‘member of the family' is a person of the same if:
- the two live as a couple
- one of them is a relative of the other
A 'relative' means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin, with 'half-blood' relationships these are treated as whole blood relationships. Stepchildren are treated as son or daughter.
For full details of exemptions refer to the Selective Licensing of Houses (Specified Exemptions)( England ) Order 2006.