Step 1: confirm which licence you need
Check the council's schemes: mandatory HMO (5+ people in 2+ households), additional HMO (usually 3+ people in 2+ households in a designated area) or selective (most rented homes in a designated area). Use the postcode check above or your council page from the selective licensing table. Read do I need an HMO licence? if unsure.
Step 2: make a complete application straight away
It is a defence to the licensing offence that an application had been duly made and was still effective. That usually means the full online form, the fee (or first part) and the required documents. Keep the acknowledgement and payment receipt. See how to apply. We can prepare the application for a fixed fee (pricing).
Step 3: or ask for a temporary exemption notice
If you intend to stop the property being licensable (fewer occupiers, a single household, sale), write to the council asking for a temporary exemption notice under section 62 (HMOs) or section 86 (selective licensing). It lasts up to 3 months; a second can be granted only in exceptional circumstances. Do not evict tenants to avoid licensing: unlawful eviction is itself an offence.
Step 4: fix the property
Councils inspect before or after granting a licence. Get current gas safety and electrical (EICR) certificates, check smoke and carbon monoxide alarms, fire doors and escape routes, and room sizes (6.51 m² for one adult). See HMO rules.
Step 5: understand your exposure
| Risk | What it means | From the tribunal decisions |
|---|---|---|
| Prosecution | Unlimited fine and a criminal record (Housing Act 2004 s.72 or s.95) | — |
| Civil penalty | Up to £40,000 per offence from 1 May 2026 (£30,000 before) | Median £7,000 in the council notice for appealed licensing penalties; £5,827 after appeal |
| Rent repayment order | Up to 2 years' rent for offences from 1 May 2026 (12 months before) | Median £6,534 for unlicensed HMOs; £5,645 for selective licensing |
| Management order | If a licence cannot be granted, the council may take over management through an interim management order | — |
| Banning order and database entry | For some repeated or serious offences | — |
More detail: rent repayment orders (with a calculator) and civil penalties.
Step 6: if a council or tenant has already acted
- Council letter or inspection: reply promptly and apply for the licence.
- Notice of intent (civil penalty): you have 28 days to make written representations.
- Tribunal application (RRO): follow the tribunal's directions and deadlines exactly.
We do not act in tribunal or court cases. The form below can put you in touch with an SRA-regulated solicitor; we may receive a referral fee and will tell you first (how we make money).