Medway, Public Notices

Medway Council

Public notices

NOTICE OF DESIGNATION OF AN AREA FOR SELECTIVE LICENSING

Notice is hereby given in accordance with Section 83 Housing Act 2004 (Notification Requirements Relating to Designation) Medway Council in exercise of its powers under section 80 of the Housing Act 2004 (“the Act”) hereby designates for Selective Licensing the areas described in paragraph 4.

Citation, commencement and duration

1. This Designation shall be known as the Medway Council Designation for Areas for Selective Licensing 2026. All privately rented residential accommodation situated within the designated areas must be licensed with the Council unless subject to statutory exemption as set out in paragraph 5.

2. This Designation has been made on 22 September 2026. This designation does not require confirmation by the Secretary of State. This designation was given general approval by the Cabinet of Medway Council. This designation falls within a description of designations in relation to which the Secretary of State has given a general approval under section 82 of the Housing Act 2004 (“the Act”),: namely the Housing Act 2004 Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2024 which came into force on the 23 December 2024. This Designation shall come into force on 4 January 2027 (not less than 3 months after decision date).

3. This Designation shall cease to have effect on 3 January 2032 (not more than 5 years) or earlier if the council revokes the scheme under section 84 of the Act.

Areas to which the designation applies

4. This Designation shall apply to the following areas of Medway Council. The Designation is delineated and outlined in red on the maps in Annex A.

Designation:

• Chatham Central & Brompton

• Fort Pitt

• Gillingham North

• Gillingham South

• Luton

• Strood North & Frindsbury

• Watling

Application of the designation

5. This designation applies to any house, as defined by sections 79 and 99 of the Housing Act 2004, which is situated within the area described in paragraph 4 and shown on the map at Annex A, and which is occupied either under a single tenancy or licence that is not an exempt tenancy or licence, or under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy or licence, unless:

(a) the house is a house in multiple occupation (HMO) that falls within the nationally prescribed category of HMO that is required to be licensed as a ‘mandatory HMO’ under section 55(2)(a) Part 2 of the Act1;

(b) the house is a house in multiple occupation that falls within the prescribed category of HMO that is required to be licensed under the Medway Council Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2021 made on 22 September 2026 under Section 56 of the Housing Act 20042;

(c) the tenancy or licence of the house has been granted by a registered social landlord3;

(d) the house is subject to an Interim or Final Management order under Part 4 of the Act;

(e) the house is subject to a temporary exemption under section 86 of the Act; or

(f) the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in Paragraph 5(f): Exempted tenancies or licences, Selective Licensing of Houses (Specified Exemptions) (England) order 2006 SI 370/2006.

Effect of the designation

6. Subject to sub paragraphs 5(a) to (f) every house in the area specified in paragraph 4 that is occupied under a tenancy or licence shall be required to be licensed under section 85 of the Act4.

7. Medway Council will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered under this designation, as required under section 232 of the Act5.

1 Section 55 of the Act defines which Houses in Multiple Occupation are required to be licensed under the Act. See also The Licensing of Houses.in Multiple Occupation (Prescribed Descriptions) (England) Order 2005 (SI 2006/371)

2 Additional Licensing covers HMOs that are not within the scope of Mandatory HMO Licensing where tenants share one or more ‘basic amenities’ i.e. a WC, personal washing facilities or cooking facilities. We are not licensing ‘Section 257’ HMO buildings under the additional licensing scheme – individual rented flats within such a building would need a selective licence assuming they are occupied by a single household. If an individual flat was itself multiply occupied, it would need an additional or mandatory HMO licence depending on the number of persons accommodated.

3 Section 79 (3) of the Act. For the definition of a Registered Social Landlord see Part 1 of the Housing Act 1996

4 Section 232 of the Act and paragraph 11 of SI 373/2006

5 See the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006

8. Any landlord, managing agent, other person in control of a privately rented property, or any tenant within the Borough may seek advice on whether their property is affected by the designations. They may also apply for a licence from 4th January 2027 via the council’s website at https://www.medway.gov.uk/info/200153/private_housing, by phoning 01634 333333 during normal office hours (9am to 5pm, Monday to Friday), or by emailing PRSlicensing@medway.gov.uk. This designation has been made by Medway Council, Gun Wharf, Dock Road, Chatham, ME4 4TR.

9. If you wish to inspect this designation in respect of selective licensing of properties in the area of Medway Council it may be inspected at the Council’s offices at Medway Council, Gun Wharf Dock Road, Chatham, ME4 4TR.

10. Upon the Designation coming into force any person having control of or who manages a licensable property without a licence, or who allows a licensed property to be occupied by more households or persons other than as authorised by a licence, is liable to prosecution and upon summary conviction is liable to a fine pursuant to the provisions of section 95 of the Act. A person who breaches a condition of a licence is liable to prosecution and upon summary conviction liable to a fine.

11. The council, as an alternative to initiating a prosecution, may pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £40,000 and/or taking management control of the unlicensed property.

12. Further, where an offence has been committed an application may also be made by the Council and/or tenant under the provisions of section 41 of the Housing and Planning Act 2016 for a Rent Repayment Order to pay back up to 12 months’ rent, Housing Benefit or Universal Credit.

Adam Bryan

Director of Place

Thursday, 15 October 2026

Annex A - Selective Licensing Designation

www.medway.gov.uk