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When applying for an HMO (House in Multiple Occupation) licence for the first time or renewing an existing licence, landlords and property managers must adhere to specific regulations outlined under the Housing Act 2004. While there are no prescribed forms for these applications, they must include the required information as specified by law [1]. Failing to meet these requirements can delay approval or result in penalties.

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Initial Applications for HMO Licences

An initial application for an HMO licence must include detailed information about the property, the applicant, and relevant parties involved. The submission must cover:

• Notification to Relevant Persons: Applicants must notify all relevant persons (e.g., the landlord, leaseholders, mortgagees, the proposed licence holder, and managing agents) of the application. Tenants with a lease term of three years or fewer are excluded.
• Applicant and Contact Information: This includes details of the applicant, the proposed licence holder, the manager, and any person agreeing to comply with the licence conditions.
• Property Information: The application must specify the address, age band, and HMO category of the property.

The following details about the property must also be included:

• The number of storeys, separate units, rooms, households, and occupants.
• Details of fire safety precautions, gas appliances, and any building works undertaken.
• Information about other properties licensed under the same licence holder.

Section 257 HMOs

For Section 257 HMOs (buildings converted into self-contained flats), the application must include:

• The number of storeys and the levels they occupy.
• The number of self-contained flats and how many are under leases exceeding 21 years.
• Safety details for non-owner-occupied flats, such as fire and gas safety measures and the condition of any provided furniture [3].

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Renewal Applications for HMO Licences

Applications for licence renewal, submitted on or after 10 September 2012, require less information than initial applications. Renewal applications must include:

• A statement confirming that relevant persons have been notified in writing, along with details of those notified.
• Contact details of the applicant, proposed licence holder, manager, and other persons agreeing to comply with licence conditions.
• The address of the property [4].

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Information About the Licence Holder and Manager

Both initial and renewal applications must include detailed information about the proposed licence holder and any person involved in the property’s management. This includes:

• Unspent Convictions: Information on any unspent convictions, particularly those relating to unlawful discrimination, or breaches of housing, public health, or environmental health laws.
• Property History: Details of properties subject to control orders or enforcement actions under Part 1 of the Housing Act 2004 within the last five years.
• Licensing History: Whether the applicant has ever had an HMO licence refused or revoked.
• Management Orders: Information about properties subject to interim, special interim, or final management orders.

Providing misleading or false information knowingly or recklessly is an offence and may lead to prosecution.

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Fees for HMO Licence Applications

Local authorities have the discretion to set application fees, which must be paid at the time of submission. The fee amount varies depending on the local authority’s policies and the specifics of the property [5].

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Key Legal Requirements for HMO Licence Applications

The following regulations and legal provisions govern the process:

• Initial and Renewal Applications: Applications must comply with Section 63 of the Housing Act 2004 and regulations outlined in SI 2006/373 and SI 2007/1903.
• Notification to Relevant Persons: All relevant stakeholders must be notified of the application to ensure transparency and compliance [1].
• Specific Information for Section 257 HMOs: Additional details are required for properties converted into self-contained flats [3].

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Consequences of Non-Compliance

Failure to submit a complete and accurate application, or to notify relevant persons, can lead to significant consequences, including:

• Delays in Approval: Incomplete or inaccurate applications may be rejected or delayed by local authorities.
• Legal Penalties: Knowingly or recklessly providing false information can result in fines or other legal action.
• Loss of Licence: Non-compliance with licensing requirements could lead to licence revocation, potentially affecting the ability to let the property.

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Conclusion

Submitting a complete and accurate application for an HMO licence is essential for landlords and property managers to comply with the law and ensure their property is suitable for letting. Whether applying for an initial licence or renewing an existing one, landlords must include all required information, notify relevant persons, and meet the safety and management criteria specified under the Housing Act 2004.

By adhering to these guidelines and consulting local authority requirements, landlords can streamline the application process, avoid penalties, and maintain compliance with HMO regulations.

You can apply for your HMO license here.

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Footnotes

[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.