Brighton Student HMO Licence and University Exemption

Brighton is a major university city with tens of thousands of students, and a significant chunk of the private rented sector is student accommodation. The licensing rules for student houses are a common source of confusion — particularly around the exemption that some university-managed properties enjoy.

The University Exemption

Under Schedule 14 of the Housing Act 2004, properties occupied exclusively by students and managed or controlled directly by an educational establishment that operates under an approved Code of Practice are exempt from HMO licensing.

In practice, this means halls of residence and university-owned accommodation blocks managed by the University of Brighton or the University of Sussex don't need a property licence, even if they meet the occupancy thresholds for mandatory or additional HMO licensing.

This exemption is narrower than many landlords realise. It requires:

1. All occupants to be full-time students
2. The property to be managed or controlled by the educational institution (not just marketed through a university accommodation office)
3. The institution to operate under an approved Code of Practice

The moment any of these conditions isn't met, the exemption doesn't apply.

Private Student Lets Are Not Exempt

The exemption catches landlords out because it doesn't extend to privately owned student houses. A private landlord renting a five-bedroom house to five university students is operating a mandatory HMO — and needs a licence, regardless of the fact that every occupant is a student.

The difference is who manages the property. If it's the university, the exemption may apply. If it's a private landlord or letting agent, it doesn't.

This matters across Brighton's traditional student areas — Hanover, Elm Grove, Lewes Road, Moulsecoomb, Bevendean and parts of Kemptown. These neighbourhoods are full of Victorian terraces converted into multi-bedroom student lets, and every one that meets the HMO thresholds needs a licence.

Which Licence Do Student Houses Need?

The same decision sequence applies as for any other property:

5 or more students from 2+ households sharing basic amenities (which unrelated students always are — each individual student counts as a separate household): Mandatory HMO licence (city-wide, no expiry).

3–4 students from 2+ households sharing basic amenities in a property of 2+ storeys: Additional HMO licence (city-wide, runs until 30 June 2029).

Any privately rented student property in Kemptown, Moulsecoomb & Bevendean, Queens Park or Whitehawk & Marina that doesn't meet HMO thresholds: Selective licence (runs until 1 September 2029).

The occupancy count includes all people living in the property, and each unrelated student is a separate household. A house rented to four second-year students is four occupants from four households — and if the house has two or more storeys, it needs an additional HMO licence.

Article 4 Planning on Top

Brighton has a city-wide Article 4 Direction that removed permitted development rights for converting a dwelling (Use Class C3) to a small HMO (Use Class C4, 3–6 occupants). This means student HMOs need planning permission on top of a property licence.

A property licence and planning permission are legally separate. Having a licence doesn't grant planning consent, and having planning consent doesn't remove the need for a licence. Landlords letting to students in Brighton need both where they apply.

Summer Vacancies and Occupancy

A common question is whether the property still needs a licence during summer when students are away. The answer is yes — the licence attaches to the property and its use, not to whether the beds are physically occupied at any given moment. A property let as a student HMO remains licensable throughout the tenancy term, including void periods between academic years if the tenancy agreement runs continuously.

The Practical Picture

If you're letting to students in Brighton through a private tenancy, assume you need a licence. The university exemption is for university-managed accommodation, not for the private rented sector — and the council actively enforces licensing in student areas.

The full decision sequence, document requirements and application process are in our Brighton & Hove Landlord Licensing guide, which covers student properties alongside every other property type in the city.

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