Application for Licensing

Initial and renewal applications for licences must contain information specified by regulations, but there are no prescribed forms [1].

Where the application is submitted by a person other than the proposed licence holder (such as a managing agent), the applicant should serve a notice (or a copy of the application) on all ‘relevant persons’ that they have submitted the application. Relevant persons include the landlord, a leaseholder, a mortgagee, the proposed licence holder, and the proposed managing agent, but exclude a tenant with an unexpired term of three years or fewer.

Initial applications

An application for a licence submitted for the first time must include the following information:

  • statement explaining the need to inform in writing all those with an interest in the property and details of all those who have been informed of the application
  • contact details of applicant, proposed licence holder, manager, person having control and any other person who has agreed to be bound by the conditions in the licence
  • address of property
  • age band of the property
  • category of HMO
  • details of other licensed properties with same licence holder
  • information on HMO, including [2]:
  • number of storeys
  • number of separate units
  • numbers of rooms of various categories
  • numbers of households and people
  • details about certain safety precautions, e.g. fire escapes and gas appliances
  • details of any building works carried out on property.

When applying for a licence for a ‘section 257 HMO’ the application must include the following information about the HMO [3]:

  • number of storeys and the levels they are on
  • number of self contained flats, including how many of these self contained flats are subject to a lease of over 21 years, and
  • in relation to the flats that are not owner-occupied, details about certain safety precautions, including fire safety, gas safety, and safety of any furniture provided.

Renewal applications

Application for renewal of a licence submitted on or after 10 September 2012, must include only [4]:

  • statement explaining the need to inform in writing all those with an interest in the property and details of all those who have been informed of the application
  • contact details of applicant, proposed licence holder, manager, person having control and any other person who has agreed to be bound by the conditions in the licence, and
  • address of property.

Information about the licence holder

All applications must also include the following information about any person who will be involved in the management of the property:

  • information on any relevant unspent convictions or findings with respect to unlawful discrimination and details of any contravention of any enactment dealing with housing, public health or environmental health that led to an adverse judgement
  • information about any property that have been subject to a control order in the last five years or that has been subject to enforcement under Part 1 Housing Act 2004
  • information about any properties for which the applicant has a licence refused or revoked
  • information about any property that has been subject to an interim, Special Interim or Final Management Order.

It is an offence knowingly or recklessly to provide misleading or false information.

Fees

Local authorities have the power to set fees and the appropriate fee should accompany the application [5].

 

[1] s.63 Housing Act 2004; reg.7 and Sch.2 Licensing and Management of Houses in Multiple Occupation and other houses (Miscellaneous Provisions) (England) Regulations 2006 SI 2006/373.

[2] para 2 Sch.2 Licensing and Management of Houses in Multiple Occupation and other houses (Miscellaneous Provisions) (England) Regulations 2006 SI 2006/373.

[3] reg 12 Licensing and Management of Houses in Multiple Occupation (Additional Provisions)(England) Regulations 2007 SI 2007/1903.

[4] reg.7 Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 SI 2006/373, as amended by Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Amendment) (England) Regulations 2012 SI 2012/2111.

[5] s.63 Housing Act 2004.

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