Do I need an HMO licence?

If you have a house in multiple occupation (HMO) that requires a licence but you fail to make an application, you are committing an offence that carries a possible unlimited fine upon conviction. The council can also issue a civil penalty up to a maximum of £30,000.

You need a licence for an HMO if it meets the following criteria.

Mandatory HMO licence

An HMO needs a mandatory HMO licence if it is occupied by 5 or more people, unless it is:

• a Section 257 HMO, ie a building converted into self-contained flats where the works of conversion do not comply with the Building Regulations 1991 or subsequent regulations in force at the time of conversion (or which has not been retrospectively upgraded to comply) and where less than two-thirds of the flats are owner-occupied
• a purpose-built flat situated in a block made up of 3 or more self-contained flats

The number of people includes everyone whatever their age, including babies and children.

Additional HMO licence

You need an additional licence if you own or manage an HMO property in Haringey.

All property rented as an HMO in the borough now requires a licence to legally be let. This means any HMO, including Section 257 HMOs, will require licensing under the additional HMO licensing scheme.

Read the public notice of designation for additional licensing.

Exemptions

Certain buildings that are defined as an HMO under the Housing Act 2004 are exempt from the licensing provisions and the management regulations.

A building is exempt if it is:

• managed or controlled by private registered providers of social housing, a co-operative society, local authorities and other specified public sector bodies
• regulated under other legislation, for example boarding schools, prisons, accommodation centres for asylum seekers and care homes
• occupied by religious communities, unless they are section 257 HMOs.
• halls of residence (or other accommodation occupied by students) that are managed or controlled by one of the educational establishments listed in the regulations
• only occupied by an owner/occupier, members of their household and no more than 2 tenants or licensees – this exemption does not apply to section 257 HMOs
• only occupied by 2 people who form 2 households
• subject to a temporary exemption notice or an interim management order

Temporary exemption notices (TENs)

We will only grant temporary exemption notices in certain circumstances and for certain reasons.

We will not grant a TEN if the application has been made to avoid licensing or enforcement action. The application must be made in a timely manner.

All applications must have supporting evidence.

We may grant a TEN if:

1. the property is in the process of being sold
2. the owner has given the tenants notice and the property will be sold
3. the owner is moving into the property and it will only be occupied by the owner and their family (if any) and no more than two tenants
4. the property is in the process of being converted into studios/flats or commercial premises with planning and building control approvals
5. receivers take over the property following default on mortgage
6. the licence holder has died and the property is subject to probate – we will grant an automatic 3-month exemption from the date of death and no initial application is required. A TEN may be required when the initial 3-month exemption ends

Exemptions 1 to 4 will only be considered if the application has been made at the start of a new designation coming into force.

A temporary exemption notice can only be awarded for 3 months, after which time a new application may be considered given the circumstances. No more than 2 TENs can be granted. 

The council are not obliged to issue a TEN and the application may be refused.

Please contact us if you want to apply for a TEN.