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Appealing a HMO Licensing Decision

Appealing a decision related to a House in Multiple Occupation (HMO) licence may arise from a variety of decisions made by a local authority. If you disagree with a decision concerning an HMO licence, you have the right to appeal to the First-tier Tribunal (Property Chamber) [1]. This guide outlines the grounds for appeal, who can appeal, and the steps in the process.

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When Can You Appeal an HMO Licensing Decision?

You can appeal against several types of decisions made by the local council regarding an HMO licence, including:

• The refusal to grant an HMO licence.
• The granting of an HMO licence.
• The conditions imposed on an HMO licence.
• The decision to vary or revoke an HMO licence.
• The refusal to vary or revoke an HMO licence.

Each of these situations provides grounds for landlords, property managers, or other stakeholders to seek a review of the local authority’s decision.

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Who Can Appeal an HMO Licensing Decision?

Appeals can be made by any relevant person, which includes:

• The applicant for an HMO licence.
• A freeholder, long leaseholder, or mortgage lender with an interest in the property.
• A person having control of or managing the HMO.

If you fall into any of these categories, you have the legal standing to challenge the council’s decision.

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How to Appeal an HMO Licensing Decision

All appeals must be submitted to the First-tier Tribunal (Property Chamber) within 28 days of receiving notice of the council’s decision [2]. The tribunal will review the case and decide whether the local authority’s decision should be upheld, varied, or overturned.

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The Appeals Process

1. First-tier Tribunal (Property Chamber):

   • This is the first stage of appeal. The tribunal reviews the decision made by the local authority and examines whether it complies with the relevant laws and regulations.

2. Appeals to the Upper Tribunal:

   • If you are dissatisfied with the decision of the First-tier Tribunal, you can appeal to the Upper Tribunal.

3. Further Appeals to the Court of Appeal:

   • Decisions of the Upper Tribunal can be further appealed to the Court of Appeal, but only on points of law [3].

The appeals process ensures that landlords and property managers have recourse if they believe the local authority’s decision was incorrect or unreasonable.

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Important Legal Framework

Appealing an HMO licensing decision is governed by several key legal instruments:

• Tribunal Procedure Rules: The rules for proceedings in the First-tier Tribunal are set out in the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 [1].
• 28-Day Deadline: Appeals must be filed within 28 days, as specified in Schedule 5, Part 3 of the Housing Act 2004 [2].
• Further Appeals: Appeals to higher courts are governed by Section 231 of the Housing Act 2004, as amended [3].

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Key Takeaways for Landlords

• If you disagree with a local authority’s decision regarding an HMO licence, you have the right to appeal through the tribunal system.
• Appeals must be filed within 28 days, so acting promptly is crucial.
• The process applies exclusively to properties in England and is governed by specific laws and regulations.
• Seeking professional legal advice can help ensure that your appeal is well-prepared and supported by evidence.

By understanding your rights and the appeals process, you can challenge HMO licensing decisions effectively and ensure compliance with legal standards.

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[1] Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 SI 2013/1169; First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2013 SI 2013/1187; Tribunal Procedure (Amendment No. 3) Rules 2013 SI 2013/1188.
[2] Part 3, Schedule 5, Housing Act 2004.
[3] Section 231, Housing Act 2004, as amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 SI 2009/1307.