Appealing a HMO Licensing Decision

Appealing a HMO Licensing Decision happens in relation a wide range of decision a Local Authority may make in respect of a HMO license. In all cases where there is a right of appeal against the decision of a local authority in relation HMO licensing, the appeal is to the First-tier Tribunal (Property Chamber) [1]. All appeals must be made within 28 days of the notice of the decision [2]. Appeals from the First-tier Tribunal (Property Chamber) are to the Upper Tribunal and from there to the Court of Appeal [3].

It is possible to appeal against:

  • the council’s decision to refuse to grant a HMO licence
  • the council’s decision to grant a HMO licence
  • the conditions of a HMO licence
  • the council’s decision to vary or revoke a HMO licence
  • the council’s decision to refuse to vary or revoke a HMO licence

Appeals can be made by any relevant person, including:

  • the applicant for a HMO licence
  • any freeholder, long leaseholder or mortgage lender
  • a person having control of or managing the HMO

The information on this page applies only to England.

[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 Sch.5 Housing Act 2004.

[3] s.231 Housing Act 2004, as amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 SI 2009/1307.

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