Brighton & Hove is one of England's most competitive private rental markets, with two universities — the University of Sussex (~16,000 students) and the University of Brighton (~20,000 students) — driving significant HMO demand in central and east Brighton. The city has a high concentration of houses in multiple occupation, strong selective enforcement by Brighton & Hove City Council, and some of the largest Article 4 Direction areas outside London. From 1 May 2026, the Renters' Rights Act 2025 adds national obligations on top of existing local licensing requirements.
This guide covers compliance for landlords operating across Brighton & Hove — from student HMOs in Bevendean and Moulsecoomb to professional lets in Hove, Preston Park, and Seven Dials.
Renters' Rights Act 2025 — England-wide obligations from 1 May 2026
All Brighton & Hove private landlords must comply with these national changes from 1 May 2026:
- Section 21 abolished: No-fault eviction notices served on or after 1 May 2026 are unlawful. All possession is via Section 8 using the revised Schedule 2 grounds only
- Periodic Assured Tenancy Agreement required: All new tenancies from 1 May 2026 must use a PAT-compliant agreement. Fixed-term ASTs are no longer available for new private residential lets
- Awaab's Law in force: Mandatory statutory timeframes for responding to, investigating, and repairing damp, mould, and other HHSRS hazards
- Information Sheet obligation: Every landlord with an existing tenancy as at 1 May 2026 must deliver the official RRA 2025 Information Sheet to every named tenant by 31 May 2026. Penalty: up to £7,000 per tenancy
- Pet request right: Tenants on PATs have the right to request a pet. Landlords must respond in writing within 42 days
- Civil penalties up to £40,000: The RRA 2025 increases the maximum civil penalty for PRS non-compliance to £40,000 per offence
- Rent increase via Section 13 only: Rent on a PAT can only be raised via formal Section 13 notice (Form 4A). Contractual rent-review clauses are unenforceable
Brighton & Hove HMO licensing — mandatory and additional
Brighton & Hove City Council operates both mandatory and additional HMO licensing across the city. Operating an unlicensed HMO is a criminal offence carrying an unlimited fine and potential rent repayment orders.
- Mandatory HMO licensing: All HMOs with 5 or more occupants forming 2 or more households require a mandatory HMO licence under the Housing Act 2004. This applies city-wide
- Additional HMO licensing: Brighton & Hove City Council operates an additional HMO licensing scheme covering HMOs with 3–4 occupants forming 2+ households in designated areas — check the current scheme designation on the Brighton & Hove City Council website before letting
- Licence conditions: HMO licence holders must maintain properties to prescribed standards, carry out annual gas safety checks, hold a current EICR, fit interlinked smoke alarms, and not use Section 21 (now unlawful in any event)
- Room size requirements: HMO licences in Brighton & Hove specify minimum room sizes. A sleeping room for a single adult must be at least 6.51 m²; for two adults at least 10.22 m². Non-compliant room sizes are a licence condition breach
- Licence fees: HMO licence fees vary by scheme and property size — confirm the current fee schedule on the Brighton & Hove City Council website before applying
- Unlicensed HMO consequences: Landlords convicted of operating an unlicensed HMO face unlimited fines, a criminal record, potential addition to the PRS Database, and cannot rely on Ground 8 (mandatory rent arrears) for possession
Article 4 Directions in Brighton & Hove
Brighton & Hove has extensive Article 4 Direction coverage, particularly in student and high-density residential areas. Article 4 removes permitted development rights to convert a C3 dwelling house to a C4 small HMO (3–6 occupants) without full planning permission.
- Article 4 coverage areas: Brighton & Hove has Article 4 Directions covering large swathes of central Brighton, east Brighton (including Moulsecoomb, Bevendean, Hanover, and parts of Queens Park) and other high-concentration areas. Always verify Article 4 status with Brighton & Hove City Council planning portal before converting a property
- C3 to C4 planning permission: In Article 4 areas, you must obtain full planning permission before converting a dwelling house to a small HMO. Marketing the property as an HMO before permission is granted is a breach of planning control
- C4 to Sui Generis: Properties with 7 or more occupants are Sui Generis (large HMO) and have always required full planning permission regardless of Article 4 status
- Permitted development outside Article 4: Outside designated Article 4 areas, conversion from C3 to C4 may still be permitted development — but confirm with the council before proceeding as Article 4 coverage has expanded in recent years
- Retrospective permission: If a property was converted to HMO use before Article 4 was applied to that area (or before planning permission was required), a Certificate of Lawful Use may be obtainable — seek professional planning advice
Awaab's Law — Brighton & Hove context
Brighton & Hove has a high proportion of pre-war and Victorian properties with solid-wall construction, making dampness and condensation-related mould a structural challenge rather than a simple maintenance issue. Awaab's Law obligations apply regardless of the cause.
- Written acknowledgment required: Respond to every damp, mould, or HHSRS hazard report in writing. Verbal acknowledgments are insufficient
- Inspection within prescribed period: Inspect the property within the investigation period set by regulations — typically within 14 days for a non-emergency hazard
- Repair within repair period: Once identified, repair the hazard within the statutory repair period. Surface treatment alone is insufficient if there is an underlying moisture ingress issue
- Emergency hazard response: Emergency hazards (e.g., active water ingress causing serious damp, carbon monoxide risk) must be addressed within 24 hours
- Brighton & Hove enforcement: Brighton & Hove City Council has an active private sector housing team. Expect proactive HHSRS inspections, particularly in HMOs. An Awaab's Law breach may also support a Ground 13 (deterioration) possession defence from the tenant
- Maintain a repair log: Document every hazard report, inspection date, remedial actions, contractor records, and completion confirmation. This is your primary defence in any civil penalty proceedings
Section 8 possession in Brighton & Hove
With Section 21 abolished, Brighton & Hove landlords must rely on Section 8 grounds for all possession claims. Brighton County Court processes possession claims — anticipate delays.
- Ground 1A (landlord intends to sell): 2 months' notice; 6-month moratorium from tenancy start; Information Sheet must have been served
- Ground 8 (mandatory rent arrears): At least 2 months' arrears at notice date and hearing date; 4 weeks' notice. Only available if HMO is licensed (if applicable)
- Ground 8A (persistent arrears): Arrears of at least 3 months on 3 separate occasions in 3 years; 4 weeks' notice. New ground under RRA 2025
- Ground 14 (nuisance/anti-social behaviour): Immediate notice; discretionary. Evidence from neighbours, police records, or Brighton & Hove City Council ASB logs required
- Ground 4A (student tenancies): Student landlords can seek possession at academic year end using Ground 4A with 2 months' notice served within the prescribed window
- Form 3A: All Section 8 notices must use Form 3A. Ensure all particulars are fully set out — vague or incomplete particulars are routinely struck out
2026 Brighton & Hove landlord compliance checklist
Use this checklist as a minimum compliance reference — each item is a legal obligation:
- HMO licensing: obtain mandatory HMO licence (5+ occupants) and additional HMO licence where the Brighton & Hove scheme applies
- Article 4: confirm whether your property is in an Article 4 area before converting C3 to C4 use
- New tenancy agreements: use a Periodic Assured Tenancy Agreement from 1 May 2026
- Information Sheet: serve the RRA 2025 Information Sheet on all existing tenants by 31 May 2026
- Awaab's Law log: set up a written hazard reporting and repair log
- Gas Safety Certificate: renew annually; must be in place before and throughout the tenancy
- EICR: current within 5 years; provide to tenants within 28 days of request
- EPC: minimum E rating; check certificate is current (valid 10 years)
- Deposit protection: protect and prescribe information within 30 days of receipt
- Right to Rent: check all adult occupants' immigration status before tenancy start
- Smoke and CO alarms: smoke detector on every floor; CO alarm in every room with a combustion appliance
- Planning: confirm use class and Article 4 status for any HMO conversion
Frequently asked questions
Do I need a licence to rent a 4-bedroom HMO in Brighton in 2026?+
If the property has 4 or more occupants forming 2 or more households and falls within Brighton & Hove's additional HMO licensing area, yes. If it has 5 or more occupants forming 2+ households, mandatory HMO licensing applies city-wide. Always check the current scheme designation on the Brighton & Hove City Council website. Operating without a required licence is a criminal offence.
Does the Article 4 Direction apply to my property in Brighton?+
Brighton & Hove has extensive Article 4 coverage across central and east Brighton. You must check the planning portal on the Brighton & Hove City Council website for your specific address. If you are in an Article 4 area and wish to convert a dwelling house to a small HMO (C4), you must obtain full planning permission before the change of use takes place.
Can I still use a fixed-term tenancy for my Brighton student let from September 2026?+
No. Fixed-term Assured Shorthold Tenancies can no longer be granted from 1 May 2026 under the Renters' Rights Act 2025. All new private residential tenancies must be Periodic Assured Tenancies. Brighton student landlords will need to use Ground 4A to recover possession at the end of the academic year.
What is the penalty for operating an unlicensed HMO in Brighton in 2026?+
Operating an unlicensed HMO in Brighton & Hove is a criminal offence carrying an unlimited fine. You may also face a Rent Repayment Order requiring you to repay up to 12 months of rent to tenants or the local authority. You cannot use Ground 8 (mandatory rent arrears) for possession in an unlicensed HMO. You may also be entered on the PRS Database, which is publicly searchable.