Selective Licensing and looming enforcement notice?
Ok, so here goes my dilemma, I have housed a family of 4, a couple and their 2 young kids. The kids are from the lady’s first marriage, so the couple is recently married.
That’s not an issue, the kids, however, one 15 and the second 9, turning 10 soon.
I have a 3-bedroom property, which is occupied as it should be. The issue is that the small girl sleeps in the box room, no issue with me as it works for them, but only one child up to 10 years of age can sleep in that room as per the selective license. The girl will turn 10 in April, when my license is also coincidentally due for renewal, and that’s when I’ll be hit with an enforcement notice.
I really don’t want the headache of evicting these guys as they pay my rent on time, have passed the checks, etc and have been here for a year. Kids go to school locally, and work is convenient for parents considering the property is closeby to 2 stations.
They also have 2 French bulldogs, which I know about, and just let them be if it completes their family.
However, under Section 8 of the renters’ rights bill, if I need to evict a family because of enforcement, then they can get a rent repayment order against me. That too at no fault of my own, as their daughter hits the age of 10.
Further, as there are 2 children and 2 dogs, I also worry that very few landlords will want them, despite them being decent tenants who work hard and pay their bills.
I am thinking of serving a S21 as I can now, and hopefully get them out by the new year.
Does anyone have any other solution? Ideally, I’d like them to stay.
Mo
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Commercial Office Compulsory Purchase Order?
Member Since June 2019 - Comments: 782
10:33 AM, 29th August 2025, About 8 months ago
I cannot see any way you can let them stay without a big financial risk.
Unless there any possible way of moving an internal wall to increase its size to the minimum allowable
Member Since August 2019 - Comments: 66
11:11 AM, 29th August 2025, About 8 months ago
I don’t think you need to worry. I’ve had a similar issue where a couple I let to about 20 years ago went on to have 5 children. You have a current license and any local authority enforcement action needs to be proportionate. Personally I would speak to the Enforcement Team Manager and explain the dilemma. I can’t see that any experienced and sensible officer would expect you to seek possession in these circumstances.
Member Since August 2019 - Comments: 66
11:26 AM, 29th August 2025, About 8 months ago
On second thoughts what makes you think enforcement action is likely? This a selective license rather than an HMO where there are space requirements. And in the circumstances you describe the house is not legally overcrowded.
Member Since April 2020 - Comments: 78 - Articles: 51
11:37 AM, 29th August 2025, About 8 months ago
There is nothing in legislation requiring that bedroom to be limited to an under 10 unless it is a licensable HMO
However the minute you accept (or fail to represent against) a licence with conditions that the council has plucked out of the air it become a CRIMINAL offence not to comply. Breach of a licence condition is punished at Level 5 on the criminal tarrif ie unlimited fines or up to £30,000 (soon to be £40,000 under the Renters Rights Act) if the council prefers to issue a civil fine and pocket your money.
Yes councils have legally untrained officers creating new criminal offences on a daily basis with not controls or accountability.
As for the poor OP if you allow that child to stay you are in criminal breach of your licence – see above
You could apply for a licence variation before the offence starts to be committed (it will count as being committed daily by the way).
If your licence expires before the offence is committed you can apply for a new licence with that child explicitly declared and they *should* give you 18months to remove her
If you need further help please contact our expert team at Landlord Licensing & Defence
Member Since September 2018 - Comments: 3538 - Articles: 5
2:42 PM, 29th August 2025, About 8 months ago
look at the specifics of the SL!
e.g The SL I have states occupancy is at 2 persons occupancy capacity.
When I applied for the SL, the occupancy level of the EXISTNG tenants were 2 adults but they had 2 kids too. The SL was granted and the SL is dated for 5 years going forward. The occupancy limit is not applied to the current tenancy as SL is not retrospective. (As part of the SL application you the current occupancy level would be clear anyway due to a copy of the AST having to be presented).
If the SL expires in 5 years and the same family unit is in situ (but each child is now over 10 years old) and the same TA is place then yes a new SL will have to be applied for. Again the same AST will be used for the application as this is still in place showing again only 2 adults on a joint tenancy.
A council will NOT require you to evict that same family just because the occupancy level is over what is stated int he SL, because the same tenancy has continued. (you can’t legislate against natural growth/people having kids!)
The SL requirement to obey the 2 person occupancy limit (in this case) will only apply ONCE THE CURRENT TENANCY ENDS.
When this happens (irrelevant at what period within the 5 years SL period), think of it as a full reset.
Any occupancy thereafter WILL HAVE TO comply to the SL occupancy limit AT THE TIME THE new tenancy is entered into – so capped at 2 persons only (in my example)
Member Since October 2019 - Comments: 401
3:13 PM, 29th August 2025, About 8 months ago
Thr authorities are after money because they’re broke and will try everything to get it. If a tenanted property is rented out with an EPC E that’s fine but if a new EPC says F or G there’s a £5000 fine – no grace period! !
Member Since January 2025 - Comments: 58
7:22 PM, 29th August 2025, About 8 months ago
You cannot force tenants to sleep in the rooms you or the council sees fit
For instance, if she can use the dining room as her bedroom, which is perfectly legal as a dining room doesn’t have to be an actual dining room, then you can’t go round to the property every night to make sure the child is sleeping in the ‘dining room’ instead of the box bedroom
What happens if the father falls asleep in the bathroom one night after a night out drinking?
Even the main living room could be used as a bedroom and doesn’t have to be an actual living room. There is a legal limit as to how many people can live in a rented property and it’s based on square footage of all the habitable rooms, not just on what would be traditionally used as bedrooms.
What if the family one night decided to all sleep in the same bedroom as the kids saw a scary movie?