House in multiple occupation (HMO)

Some types of properties are exempt from HMO licensing.

Temporary exemption notice (TEN)

In addition, under certain circumstances it is possible to apply for a temporary exemption notice (TEN) for a period of three months. This is to allow landlords, who are taking steps to secure that the house no longer needs a licence, the time to conclude matters.

The council will consider a TEN request in the following circumstances:

• the applicant is taking steps to secure that that property is no longer required to be licensed e.g., the property is for sale with vacant possession - evidence will be required
• 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 an 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
• a TEN may be sought if the landlord has died, the property is in probate and the new owner is making arrangements for the future of the house

Licences will be granted if the:

• HMO is reasonably suitable for occupation by the number of people allowed under the licence
• proposed licence holder is a fit and proper person
•  proposed licence holder is the most appropriate person to hold the licence
• proposed manager, if there is one, is a ‘fit and proper person’
• proposed management arrangements are satisfactory
• person involved in the management of the HMO is competent
• financial structures for the management are suitable

Consultation period/representations

When the council has processed a licence application there is a consultation period before the licence is issued during which interested persons can make representations about the application.

If your application is not successful, you may appeal to a residential property tribunal within 28 days of the decision being made. Please contact our team first at [email protected].