Brighton council has paused selective licensing in Regency and Central Hove, due 20 October, after a legal challenge. What it means for up to 7,274 homes.
Landlords in Regency and Central Hove will not need a selective licence from 20 October after all. Brighton council has paused selective licensing in the two wards, 11 days before the scheme was due to start, and has given no new date.
The council said on Friday that the pause “follows a legal challenge, which the council now needs to take time to consider” (council, 9 October 2026). It has not said who brought the challenge or on what grounds. Its planned launch events for landlords are postponed while it reviews the scheme.
What was due to happen
The council published the designation on 6 July. It said up to 7,274 properties in the two wards would need a licence (council, 6 July 2026).
The formal notice set out the plan:
- the designation was to come into force on 20 October 2026 and run until midnight on 19 October 2031
- applications were to open online on 20 October
- it covered homes let to one or two occupiers or a family, but not licensed HMOs, housing association homes or homes under a council management order
- running a licensable home without a licence would have risked prosecution and an unlimited fine, or a civil penalty of up to £40,000
The notice is on the council’s designation page. The council’s main selective licensing page said on Monday 12 October that the designation “will come into force on 20 October 2026”. By Saturday 17 October it had been rewritten: the designation made on 6 July “has been paused pending the review of a legal challenge”, and the landlord engagement events are postponed while the review takes place.
In the existing scheme a licence costs £740, or £665 and £590 with one or two discounts, and £840 for a late application (council fees page).
What the council said
Councillor Gill Williams, Cabinet Member for Housing, said: “We have decided to pause the introduction of the scheme planned for 20 October while we review the next steps. This will give us time to ensure that any future implementation is built on the strongest possible foundations.”
She added that the council remained “committed to working in partnership” with responsible landlords. The council said more than 40 landlords and agents joined its first online information session.
When the expansion was announced in July, Councillor Williams said “nearly a third of households in Brighton & Hove” rent privately. The council’s interim review says 33% of homes in the city are privately rented, against 20% across England.
Why Brighton council paused selective licensing
The only reason the council has given is the legal challenge. As of 24 October it had not named who brought it, what the grounds are, or whether the case is before a court. Its newsroom has published nothing further since the 9 October statement (the latest items on 23 October are about road funding and winter safety), and the scheme page still carries the same “paused pending the review of a legal challenge” wording. Brighton and Hove News reported on 16 October that it had asked the council three times who was bringing the challenge, on what basis and to which court, without an answer. Property118, the landlord trade site, reported the pause on 14 October and also did not name the challenger (Property118, 14 October 2026).
It is not the first time a Brighton licensing plan has stalled before launch. In 2018 the government approved a much larger scheme covering some 27,000 rented homes, due to start in February 2019, then withdrew that approval after the south-east landlord association iHowz objected that the decision was “unlawful, unnecessary and not justified by the evidence provided” (Property Industry Eye, 2 November 2018). The council came back with the smaller four-ward scheme that started in 2024.
Other councils have retreated this autumn too. Telford & Wrekin revoked an additional HMO licensing scheme with effect from 15 September after objections from the National Residential Landlords Association, Property118 reported. Great Yarmouth dropped most of its selective licensing conditions after a landlord challenge in September, and Portsmouth has also had to amend its scheme (LandlordZone, 14 October 2026).
How the Regency and Central Hove scheme was approved
The designation notice explains how the council got here. The scheme was approved by the council’s Housing Committee on 13 March 2024, more than two years before it was due to start, and the designation itself was made on 6 July 2026 “under the general approval granted under Section 82” of the Housing Act 2004 (designation notice). A general approval means the government did not have to sign off this scheme individually. That is the key difference from 2018, when the bigger citywide plan needed ministers’ confirmation and lost it.
So the challenge cannot be an objection to a minister, because there was no ministerial decision. The routes left are a court challenge to the council’s own decision, or a complaint the council chooses to act on. A judicial review claim normally has to be brought promptly and within three months of the decision. Three months from the 6 July designation ran out around 6 October, three days before the council announced the pause. The council has not confirmed that this is a judicial review, so treat that as context rather than fact.
The notice also leaves the council a way out: the designation runs to 19 October 2031 “or earlier if the authority revokes the scheme under Section 84”. If the council decides not to defend it, revocation is the formal route, and it would have to publish a notice saying so.
The first four wards carry on
The pause covers Regency and Central Hove only. The original scheme in Kemptown, Moulsecoomb & Bevendean, Queens Park, and Whitehawk & Brighton Marina has run since 2 September 2024 and is due to end on 1 September 2029.
The council’s interim review of that scheme covers the period to 19 March 2026. It found:
- 5,114 applications, against an original estimate of about 5,500 licensable homes
- 2,755 draft licences and 1,399 full licences issued, and none refused
- 759 homes inspected, 15% of the target to inspect every licensed home during the scheme
- 194 inspections that found Category 1 or 2 hazards, around 26%, including fire safety, falls, excess cold, and damp and mould
- 9 homes identified with an EPC rating of F or G
The review says inspections rose after the council recruited five technical officers in 2025. It also says the team now issues licences before inspecting, to clear applications faster.
What it means for you
- If you let a home in Regency or Central Hove, you do not need to apply for a selective licence on 20 October. The council has not said when, or whether, the scheme will now start. Watch the selective licensing page for a new date.
- HMO licensing is unaffected. Mandatory HMO licensing and the citywide additional HMO scheme still apply, and the designation notice lists both separately.
- If you let in the four original wards, nothing changes. You still need a licence.
- If you rent and have a repair problem, the council’s Private Sector Housing team still takes reports without any licensing scheme in force. Email psh@brighton-hove.gov.uk or call 01273 293 156.
The Renters’ Rights Act, in force since 1 May 2026, gives the council wider powers to investigate and fine landlords whatever happens to the licensing scheme (council, 30 April 2026). For what homes in the city cost to buy, see Brighton house prices.
Frequently asked questions
Has Brighton council paused selective licensing?
Yes, in Regency and Central Hove only. The scheme was due to start on 20 October 2026 and has been paused while the council considers a legal challenge. No new start date has been set.
Do I need a selective licence in Regency or Central Hove now?
No. Applications were due to open on 20 October and that is not going ahead. Keep an eye on the council’s selective licensing page in case a new date is announced.
Is the existing Brighton selective licensing scheme affected?
No. The scheme in Kemptown, Moulsecoomb & Bevendean, Queens Park, and Whitehawk & Brighton Marina still applies and runs to 1 September 2029. A licence there costs £740 before discounts.
Who brought the legal challenge?
The council has not said, and had still not said by 24 October. Nor has the trade or local press that reported the pause, despite asking.
When was the Regency and Central Hove scheme approved?
The council’s Housing Committee approved it on 13 March 2024, and the designation was made on 6 July 2026 under the government’s general approval, so no minister had to sign it off.
Will the scheme be scrapped?
Nobody knows yet. The council can defend the challenge and set a new start date, change the scheme, or revoke it under Section 84 of the Housing Act 2004 by publishing a notice. As of 24 October it had done none of those.
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