TV Licensing – Are Landlords Liable?

Introduction to TV Licensing

What is a TV Licence?

A TV Licence is a legal permission to install and use television equipment in the United Kingdom. It is required for watching or recording live TV broadcasts, as well as accessing on-demand and catch-up services on platforms like BBC iPlayer. The licence fee funds the British Broadcasting Corporation (BBC) and contributes to the production of quality TV and radio content.

Who needs a TV Licence?

Essentially, anyone who watches or records live television or uses BBC iPlayer needs a TV Licence. This includes homeowners, tenants, students, and even people living in temporary accommodations. It’s important to be aware of the rules and regulations surrounding TV Licensing to avoid any potential issues.

Landlord’s Liability for TV Licensing

Tenant’s Responsibility

In most cases, the responsibility for obtaining and maintaining a TV Licence falls on the tenant. This is because the tenant is the one using the television equipment within the rented property. If a tenant watches live television or uses BBC iPlayer without a valid TV Licence, they could face prosecution and fines.

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Furnished vs Unfurnished Properties

For furnished properties, the landlord may provide a television as part of the rental agreement. However, this does not automatically make the landlord responsible for the TV Licence. Tenants should still obtain their own TV Licence to avoid any legal issues.

In the case of unfurnished properties, the tenant must provide their own television equipment and obtain a TV Licence accordingly.

House in Multiple Occupation (HMO)

In HMOs, such as shared student housing, the landlord may be responsible for obtaining a TV Licence for the entire property. This is particularly relevant if the landlord provides a communal television for the residents to use. However, if the tenants have individual TVs in their rooms, they must obtain their own TV Licences.

Exceptions and Exemptions

Students and TV Licensing

Full-time students living in halls of residence or shared housing may be covered by their parents’ TV Licence if they meet specific criteria. To qualify, the student must use a device that is powered solely by its internal batteries and not connected to an aerial or plugged into the mains while in use. However, it is always best to double-check to avoid potential fines.

Over 75 and TV Licensing

People aged 75 or over are eligible for a free TV Licence. This exemption is known as the “Over 75 TV Licence,” and eligible individuals must apply for it. Landlords renting properties to tenants aged 75 or over should inform them about this exemption.

Empty Properties and TV Licensing

Landlords are not required to have a TV Licence for empty properties. If a property is unoccupied, there is no need to maintain a TV Licence for it. However, as soon as a tenant moves in and begins using television equipment, they must obtain a TV Licence.

Conclusion

Landlords are generally not liable for their tenants’ TV Licences. It is the responsibility of the tenant to obtain and maintain a valid TV Licence for the property they are renting. However, there are specific situations, such as HMOs, where landlords may need to obtain a TV Licence for the entire property. It is crucial for both landlords and tenants to be aware of their obligations and responsibilities concerning TV Licensing to avoid any legal issues.

FAQs

Can a landlord be held responsible for a tenant’s TV Licence?

  1. In most cases, the tenant is responsible for obtaining and maintaining a TV Licence. However, in certain situations, such as HMOs, the landlord may need to obtain a licence for the entire property.

Do I need a TV Licence for an empty property?

  1. No, landlords are not required to have a TV Licence for an empty property. A TV Licence is only required when a tenant moves in and begins using television equipment.

What are the penalties for not having a TV Licence?

  1. Failure to obtain a valid TV Licence when required can lead to prosecution and a fine of up to £1,000. Additional fees and immediate TV Licence acquisition may also be imposed by the courts.

Are there any exemptions from needing a TV Licence?

  1. Yes, individuals aged 75 or over are eligible for a free TV Licence, known as the “Over 75 TV Licence.” Additionally, some students may be covered by their parents’ TV Licence under specific circumstances.

How can I apply for a TV Licence?

  1. You can apply for a TV Licence online at the official TV Licensing website, by phone, or by post. When applying, you will need to provide your name, address, and a valid method of payment.

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Compliance checklist

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Compliance Guide

Download your complete landlord compliance guide 

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Sam has a wealth of experience across the private landlord and Build to Rent sectors. He has advised a wide range of clients across the whole of London on how to find great tenants, improve their assets and effectively market their properties for the best returns.

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