East Staffordshire - Designation Of An Area For Selective Licensing

East Staffordshire Borough Council
Designation of an area for Selective Licensing 2026
PUBLIC NOTICE

East Staffordshire Borough Council in exercise of their powers under section 80 of The Housing Act 2004 (“The Act”) hereby designates for selective licensing the area described in paragraph 4. 

The Designation does not need to be confirmed by the Secretary of State as falls within a description of designations for which the Secretary of State had issued a General Approval under section 82 of the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2024.

CITATION, COMMENCEMENT AND DURATION
1. This designation may be cited as the East Staffordshire Borough Council Designation of an Area for Selective Licensing 2026.

2. This designation is made on 22nd September 2026 and shall come into force on 1st January 2027.

3. This designation shall cease to have effect on 31st December 2031 or earlier if the Council revokes the scheme under section 84 of the Act.

AREA TO WHICH THE DESIGNATION APPLIES

4. This designation shall apply to the following streets:

APPLICATION OF THE DESIGNATION
5. This designation applies to any house1 as defined by the Act which is let or occupied under a tenancy or licence within the area described in paragraph 4 unless:-

(a) the house is a house in multiple occupation and is required to be licensed under Part 2 of the Act²;

(b) the tenancy or licence of the house has been granted by a non-profit registered provider of social housing, a profit making registered provider of social housing in respect of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), or by a body which is registered as a social landlord under Part 1 of the Housing Act 19963;

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

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

(e) the house is occupied under a tenancy or licence which is exempt under the Act4 or the occupation is of a building or part of a building so exempt as defined in Paragraph 5(d) of the Act
(Exempted Tenancies or Licences).

EFFECT OF THE DESIGNATION
6. Subject to subparagraphs 5 (a) to (e) 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 Act5.

7. East Staffordshire Borough Council hereby complies with the requirements contained in section 83 of the Act and shall maintain a register under this designation, as required under section 232 of the Act6.

8. Failure to obtain a licence will be an offence under s95(1) of the Housing Act 2004 which may result in a financial penalty up to £40,000 or if prosecuted on conviction, an unlimited fine. In addition, application may be made for a rent repayment order requiring the repayment of rent or housing benefit. The Council may also obtain a Management Order for the unlicenced property and retain the rental income from the unlicenced property.

9. Any landlords, managing agents and tenants within the designated area should contact East Staffordshire Borough Council’s Environmental Health Team to determine whether their property is affected by the designation.

For general advice and applications:-
Visit: https://www.eaststaffsbc.gov.uk/housing-and-property/landlords/selective-licensing-scheme 
Email: selectivelicensing@eaststaffsbc.gov.uk 
Telephone: 01283 508523
In writing: Environmental Health, East Staffordshire Borough Council, The Town Hall, King Edward Place, Burton Upon Trent, DE14 2EB.

The designation may be inspected on appointment at the Council offices located at Town Hall, Kind Edward Place, Burton Upon Trent, DE14 2EB.

¹ For the definition of house see sections 79 and 99 of the Act.
² 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 Descriptions (England) Order.
3 Section 79(3) of the Act.
4 Section 79(4) of the Act and 370/2006.
5 Section 86 of the Act provides for certain temporary exemption. As to suitability see section 89.
6 Section 232 of the Act and paragraph SI 373/2006.