Selective Licensing in Burnley
Which areas need a landlord licence, what it costs, and what happens if you don’t have one.
If you let a property in parts of Burnley, you may legally need a licence, and letting without one is a criminal offence rather than a paperwork slip. The rules have expanded twice since 2022, and the council is consulting on expanding them again right now.
This page explains which areas are affected, what a licence costs, what you have to do to get one, and what happens if you don’t. We handle selective licensing for the landlords whose properties we manage, so if you’d rather not deal with any of it, skip to the bottom.
What is selective licensing?
Selective licensing lets a council require every private landlord in a designated area to hold a licence for each property they rent out. It is granted under the Housing Act 2004, and councils use it where there is low housing demand, persistent antisocial behaviour, or poor property conditions.
It is not the same as HMO licensing. An HMO licence depends on the type of property. A selective licence depends on where the property is, so a perfectly ordinary two-up two-down needs one if it sits inside a designated area.
Two things catch landlords out. It applies to almost every private tenancy in the area, including a single family in a terraced house. And the duty sits with you, not your tenant and not your agent, unless your agent has formally taken it on.
Which parts of Burnley need a licence right now?
Two schemes are currently running.
The 2022 to 2027 scheme covers Burnley Wood with Healey Wood and Leyland Road. It runs until 20 July 2027.
The 2025 to 2030 scheme covers Trinity, Gannow, Queensgate, Daneshouse and Stoneyholme, and Padiham. It runs until 26 April 2030.
That is seven areas. If your property is in any of them and you let it privately, you almost certainly need a licence already.
Designations follow ward and street boundaries rather than postcodes, and a boundary can run down the middle of a street, so being near a designated area is not the same as being outside it. Check the specific address rather than assuming.
What is changing before 18 October
Burnley Council is consulting on three further designations: renewing Burnley Wood with Healey Wood and Leyland Road, and adding Lyndhurst Road as a brand new licensing area.
Lyndhurst Road is the significant one. It was flagged for monitoring in 2024 and is now proposed for designation, which means landlords there could go from no licensing requirement at all to a full one.
The consultation closes on Sunday 18 October 2026. The council is running six public drop-in sessions across the three areas, with no appointment needed. If you own property in any of them, this is your chance to have a say before it is decided rather than after.
What does a licence cost?
Fees are set per property, not per landlord, so a portfolio in a designated area means a fee for each one.
The exact figure depends on which scheme applies to your address, and fees are reviewed periodically, so it is worth confirming the current amount with the council before you budget. Ask us and we will find it out for you.
Three things are worth knowing whatever the figure. A licence runs for five years, so the annual cost is a good deal lower than the headline suggests. Landlords accredited through the council’s Good Landlord Scheme pay a reduced rate. And if you own several properties in a designated area, there is usually a lower rate for each additional one.
What you need to get a licence
You must be a fit and proper person
A current DBS check, and no relevant history of unspent convictions, housing law breaches, discrimination or fraud. If you use an agent, they may need to satisfy this too.
A valid gas safety certificate
A CP12 from a Gas Safe registered engineer, renewed every twelve months without fail.
An electrical safety report
An EICR covering the fixed wiring, renewed at least every five years.
A valid EPC
An Energy Performance Certificate meeting the current minimum rating for rented homes.
Working smoke and CO alarms
Correctly sited, and tested at the start of every tenancy. Deposits protected in an approved scheme, and a written tenancy agreement.
A written antisocial behaviour procedure
A documented process for dealing with complaints about your tenants. This one surprises people, but the council will ask for it.
Do I need a licence?
- Is the property in Burnley Wood with Healey Wood, Leyland Road, Trinity, Gannow, Queensgate, Daneshouse and Stoneyholme, or Padiham?
- Is it let privately? Social housing, holiday lets and some long-lease arrangements are generally exempt.
- Is it let to anyone other than a member of your own household?
- Three yeses and you almost certainly need a licence. If you are not sure whether your address falls inside a boundary, ask us. We check this for every property we take on and it takes minutes.
What happens if you don’t have one
It is a criminal offence
Letting a property that requires a licence without holding one is an offence under the Housing Act 2004. It is not a technicality, and not knowing is not a defence.
Prosecution or a civil penalty
The council can take you to court, or impose a financial penalty instead of prosecution. Either route is expensive.
Your tenant can reclaim the rent
While a property is unlicensed, your tenant can apply for a rent repayment order and reclaim up to twelve months of rent they have already paid you.
Section 21 no longer exists
An unlicensed property used to block the no-fault route. Since 1 May 2026 Section 21 has been abolished altogether, for licensed and unlicensed properties alike, and possession requires a ground under Section 8. Our Renters’ Rights Act guide explains what replaced it.
It follows the property
An unlicensed history can complicate a sale, a remortgage, or a change of agent. It is far cheaper to licence than to unpick later.
Not sure if your property needs a licence?
Frequently asked questions
Does my letting agent need the licence, or do I?
The duty sits with whoever is the person having control or the person managing the property. That is usually you as landlord, but it can be the agent where they have formally taken it on. Assuming your agent has dealt with it, without checking, is a common and expensive mistake.
What if I only rent out one property?
It makes no difference. Selective licensing applies per property in a designated area, whether you own one or fifty.
How long does an application take?
Allow several weeks. You will need your certificates in place before you apply, so start gathering them first.
My property is in Colne or Nelson. Am I affected?
Padiham falls under the Burnley 2025 to 2030 scheme, so yes if you let there. Colne and Nelson sit in Pendle, which is a separate council that sets its own policy. We are not aware of an active selective licensing scheme covering Colne or Nelson at present, but it is worth checking with Pendle Borough Council if you are in any doubt. If you are unsure, give us a call and we will point you in the right direction.
What if my licence expires?
An expired licence puts you in exactly the same position as never having had one. Licences run for five years, which is long enough to forget about. For landlords we manage, we diarise the renewal and handle it before it lapses.
Can you handle the whole thing for me?
Yes. For properties we manage, we check whether the address falls in a designated area, complete the application, keep the supporting certificates current, and deal with renewals. It is part of the service rather than an extra.