Renters' Rights Act and Brighton Landlord Licensing

Phase 1 of the Renters' Rights Act 2025 came into force on 1 May 2026, and its changes cut across every property licensing scheme in Brighton and Hove. If you hold a selective, additional HMO or mandatory HMO licence — or you should but don't — the Act has changed the stakes.

Section 21 Is Gone

The headline change: Section 21 "no-fault" evictions were abolished. Most existing Assured Shorthold Tenancies automatically converted to periodic assured tenancies on 1 May 2026.

For licensed landlords in Brighton, this means possession proceedings now rely on Section 8 grounds and a court order. Before 1 May 2026, an unlicensed HMO or selectively licensed house could not use Section 21. Licensing remains a separate compliance obligation, and an unlicensed property can trigger enforcement and a Rent Repayment Order.

Higher Civil Penalties

The statutory maximum civil penalty under Section 249A of the Housing Act 2004 increased from £30,000 to £40,000 per offence on 1 May 2026 under national regulations. Brighton & Hove City Council's updated Private Sector Housing Enforcement Policy also took effect on that date.

This applies to licensing offences, failure to comply with improvement or overcrowding notices, and offences under HMO management regulations. Separate offences can be penalised separately, but only one financial penalty under Section 249A may be imposed for the same conduct.

24-Month Rent Repayment Orders

For licensing offences committed on or after 1 May 2026, the maximum Rent Repayment Order recovery period was extended from 12 months to 24 months of gross rent. This was one of the most financially significant changes in the Act.

A tenant in a Brighton property that should be licensed but isn't can apply directly to the First-tier Tribunal to recover up to two full years of the rent they paid. The council can also apply for an RRO on its own behalf. No criminal conviction is needed first — the tribunal makes its own finding on whether the offence occurred.

For a typical Brighton one-bedroom flat renting at £1,200 per month, a 24-month RRO means potential exposure of £28,800. For a shared house at £600 per room with four tenants, each tenant could apply separately.

Tenant Information Sheet

By 31 May 2026, every landlord was required to serve the official tenant information sheet on all existing tenants. This is a standardised government document setting out tenant rights under the new framework.

The information sheet requirement applies to all private tenancies, not just those in licensed properties. A landlord who fails to serve it can face a separate penalty under the information-sheet requirement.

The PRS Database

The Renters' Rights Act also established the national Private Rented Sector Database. For Brighton landlords, the South East registration window runs from 15 March 2027 to 14 June 2027 (voluntary registration opens 15 December 2026).

The database requires landlords to input their local authority licence number where one applies. This creates a direct link between national registration and local Brighton licensing — you need your council licence granted and the number in hand before you can accurately complete the PRS Database registration.

What This Means for Brighton Licensing

The Act didn't change the licensing schemes themselves — Brighton's selective licensing still covers the same four wards, the additional HMO scheme still runs city-wide, and mandatory HMO licensing still applies nationally. What changed is the enforcement framework around them:

• Higher penalties for operating without a licence (£40,000 cap)
• Longer rent repayment orders (24 months vs 12)
• No Section 21 fallback — landlords need a valid Section 8 ground to seek possession
• National database requiring local licence numbers

The maximum RRO recovery period has doubled, and the maximum civil penalty has increased to £40,000. Landlords also need to use a valid Section 8 ground to seek possession.

Getting licensed is no longer just about avoiding a council fine — it's the foundation for operating a viable rental business in the city. Our Brighton & Hove Landlord Licensing guide covers the complete process, from identifying which licence you need through to the application, documents and ongoing conditions.

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