Exemptions, evaluating applications, and appeals
You can verify if you are exempt from HMO licences by using the following resources:
- Public body exemptions
- Housing Act 2004 (Schedule 14)
- Information on student accommodation exemptions
Under certain circumstances it is possible to apply for a temporary exemption from licensing for a period of three months. This is to allow landlords who have unexpectedly found that their property needs a licence a short period of exemption to put the situation right.
The council will consider a TEN request where:
- The applicant outlines steps with a view to securing that that property is no longer required to be licenced. Evidence will be required in most instances such as a house purchase contract with vacant possession.
- There is a reasonable prospect of the proposed course of action being achieved within three months.
- There is no threat to the existing tenants in the building or risk that they will be treated unfairly or made homeless.
- The TEN is not used as an alternative to licensing, for example where a HMO is being created for a short term period.
- The TEN is not being used to avoid enforcement proceedings or civil proceedings against the landlord.
Licences will be granted if:
- The house is or can be made suitable for multiple occupation.
- The applicant is a fit and proper person and the most appropriate person to hold the licence.
- Any proposed manager, having control of the house, is a fit and proper person to be the manager.
- The management arrangements are satisfactory.
Appealing a HMO licence
There is a consultation period before the licence is issued where interested persons can make representations about the application.
If your application is not successful, please contact our team first at EH-OSU@rbkc.gov.uk.
You may appeal to a residential property tribunal within 28 days of the decision being made.