HMO Licensing - Refused Licences and Appeals

The Housing Act 2004 introduces the licensing of Houses in Multiple Occupation from 6 April 2006. 

 

Local Authorities are required to license larger, higher risk HMOs, which initially will comprise those of three stories and above occupied by at least five persons who constitute more than one household.

 

This introductory guide for landlords is also available as a PDF format leaflet to download below.

The Council has powers to refuse a licence, if the property does not meet the conditions set out above and the landlord or manager is not a fit and proper person.

 

If a landlord fails to bring an HMO up to the required standard, or fails to meet the fit and proper person criteria, the Council can issue an Interim Management Order (IMO), which allows it to step in and manage the property.

 

The owner keeps their rights as an owner. This order can last for a year until suitable permanent management arrangements can be made.

 

If the IMO expires and there has been no improvement, then the Council can issue a Final Management Order. This can last up to five years and can be renewed.

The landlord may appeal if the Council decides to:

 

The appeal must be to the Residential Property Tribunal, normally within 28 days.

 

 

The Residential Property Tribunal general enquiry line is 0845 600 3178, or go to their website.