HMO licensing conditions and requirements

All HMOs licensed under the new additional HMO licensing scheme 2024-2029 must comply with the conditions for a HMO licence (PDF, 13 page(s), 193.56 KB). Failing to comply with licensing conditions is an offence which can result in prosecution or a Civil Penalty Notice of up to £30,000.

The council must carry out a compliance inspection as part of the HMO licensing requirements during the licence period. This is to ensure that the property complies with the licence conditions, space standards, amenity standards, fire safety and management regulations.

Failure to comply could result in enforcement action in accordance with our private sector housing enforcement policy (PDF, 17 page(s), 144.86 KB).

Licence holder requirements

Being a licence holder is a legal responsibility. If a licence holder is found to be non-compliant with their responsibilities they may have enforcement action taken against them.

Fit and proper person

The licence holder must be a fit and proper person. For details, see section 66 of the Housing Act 2004.

We may also decide a person is not fit and proper due to association with other persons not considered fit and proper, if this would affect the management of a licensed property.

The proposed licence holder and managing agent, if applicable, must also be able to demonstrate that satisfactory management and financial arrangements are in place for the property.

Most appropriate licence holder

The licence holder must also be the most appropriate person to hold the licence. In most circumstances it will be the person who has control of the property or management responsibility for the property and its tenants.

The licence holder should have the power to:

• let and terminate tenancies
• access all parts of the premises (same as the owner)
• authorise repairs or maintenance

If the property is managed by someone other than the licence holder, such as a letting or managing agent, the licence holder should ensure:

• the agent is fully aware and compliant with the licence conditions
• there are satisfactory management arrangements and a signed declaration in place
• the agent is a member of the Property Redress Scheme

A copy of the contract between the owner and the agent must be provided. This must include a declaration that the agent is fully aware and compliant with the licence conditions and there are satisfactory management arrangements in place.

If you are unsure who should be the licence holder for a property then please ask for advice before applying.