hmo licences
📖 What is hmo licences? Meaning and definition
A House in Multiple Occupation (HMO) licence is a legal requirement for certain types of shared housing in the UK. Local councils, like Portsmouth City Council or City of Lincoln Council, issue these licences, often under Part 2 of the Housing Act 2004. The licence sets out important details, including the maximum number of people who can live in the property and the amenities it must provide, such as the number of kitchens or sinks. Landlords or property owners, referred to as applicants, must apply to the council for these licences or for their renewal.
These licences are not always granted for the same period; while a common term is five years, councils can issue them for shorter periods, such as 12 months, often due to specific planning considerations. If a landlord disagrees with the terms or conditions of an HMO licence, such as the permitted number of occupants or the licence duration, they have the right to appeal to the First-tier Tribunal, Property Chamber (Residential Property).
The tribunal will review the appeal, considering statements and documents from both the applicant and the council. In some cases, the council might vary the licence terms, for example, by extending a 12-month licence to a 5-year term, which can lead to the appeal being withdrawn. The tribunal can also confirm the licence with specific adjustments to its conditions, such as altering the details of amenities like the number of rooms or kitchens.
📋 Requirements
- Application made by the property owner to the local council
- Property must be within the area covered by the issuing council
- Licence specifies the allowed use and occupation, including the number of persons
- Licence details amenities such as number of rooms, kitchens, and sinks
📝 Procedure
- Property owner applies to the council for an HMO licence or its renewal
- Council issues the HMO licence with specific terms and conditions
- Applicant can appeal the licence terms (e.g., duration or occupancy limits) to the First-tier Tribunal
- Tribunal reviews statements and documents from both parties
- Tribunal makes a decision, which may include confirming the licence, varying its terms, or allowing the appeal
💡 Examples
- A landlord applied for a renewal of their HMO licence for two properties, but appealed when the council limited occupancy to four or fewer persons and granted only a 12-month term instead of the usual five years.
- An applicant appealed a 12-month HMO licence, seeking a five-year term, and the council later varied the licence to five years, leading to the appeal being withdrawn.
- A property owner successfully appealed against certain conditions of an HMO licence, resulting in the tribunal confirming the licence but with adjustments to the specified amenities like the number of communal living rooms and kitchens.
- A council issued an HMO licence for a property, allowing use and occupation by five persons for a period of 12 months, a decision which the property owner subsequently appealed.
📚 Legal basis
- Housing Act 2004
❓ Frequently asked questions
What is the purpose of an HMO licence?
An HMO licence ensures that properties rented out to multiple occupants meet certain safety and amenity standards, and that the landlord is a 'fit and proper' person to manage such a property. It also specifies the maximum number of people allowed to live there.
How long does an HMO licence usually last?
While a common duration for an HMO licence is five years, councils can issue them for shorter periods, such as 12 months, often due to specific planning considerations or other factors related to the property or landlord.
Can I appeal the conditions of my HMO licence?
Yes, if you disagree with the terms or conditions of an HMO licence issued by your local council, you can appeal the decision to the First-tier Tribunal, Property Chamber (Residential Property).
What kind of conditions can be included in an HMO licence?
HMO licences can include conditions related to the number of occupants, the provision of amenities like kitchens and bathrooms, and other requirements to ensure the property is suitable for multiple occupation.
What happens if a council changes the terms of my HMO licence during an appeal?
If the council varies the terms of your HMO licence, for example, by extending its duration, it might resolve the issue you appealed against. In such cases, you might choose to withdraw your appeal, as the desired outcome has been achieved.