What is mandatory and additional licensing, what are the penalties for failing to have a license, how to apply and the cost, what you need and how to get a temporary exemption notice.
Since April 2006, landlords who let certain types of houses in multiple occupation (HMO) have been required to have a licence. Licensing was introduced to improve management and standards in houses in multiple occupation because these kind of houses pose greater fire risks and there can also be problems as a result of people having to share facilities.
Under the national mandatory licensing scheme the definition of a HMO which must be licensed is one that:
We have an online form (opens in new window) to help you find out whether a property may be an HMO or if it needs a licence. It should only be used as a guide and there are some exemptions, so if you unsure about whether you may own an HMO please contact the private sector housing team.
For further advice you can:
make an enquiry online (opens in new window)
Telephone: (01482) 396301
A local authority can choose to impose an additional licensing scheme on certain categories of houses in multiple occupations (HMO), if it feels that failures in management or anti-social behaviour issues need to be addressed.
Since 2011 the council extended the existing licensing laws for smaller HMO's in the south-east of Goole which previously did not require a licence. The decision was made under Part 2 of the Housing Act 2004 (the Act) and The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006.
Properties within the designated area which meet the following criteria are required to be licensed under the additional licensing scheme:
Map of designated additional licensing area (pdf 630kb opens in new window)
If you are in any doubt about whether you have a property within the area which requires a licence, you can make an enquiry online:
Online enquiry (opens in new window)
A landlord operating a licensable property without a licence risks prosecution and could face an unlimited fine.
It also gives tenants and the council, in the case of housing benefit payments, the ability to reclaim all rent paid over the preceding 12 months.
Anyone who owns or manages a house in multiple (HMO) that requires a licence should apply to the council. There will be a fee to pay for the licence.
Applications can be made either by applying online (opens in new window) or by completing the following appropriate application form and returning it to the address found on the form.
Mandatory HMO Licensing Application Form (pdf 353kb opens in new window)
Additional HMO Licensing Application Form (pdf 250kb opens in new window)
HMO licensing fees (pdf 60kb opens in new window)
For further advice please make an enquiry online (opens in new window).
Alternatively, you can contact the council:
Phone: (01482) 396301
When you apply for a licence you will need to provide the following documents and guarantees:
Basic Disclosure for a HMO Licence Application (pdf 44kb opens in new window)
The licence cannot relate to more than one property or be transferred to another person. It will last for 5 years and will specify the maximum number of people who may live in the HMO.
You can use the following form to apply for a variation to an existing licence, including transferring a licence or changing conditions.
Apply for a variation to an HMO licence
Applications for a variation of a licence are made under section 69 of the Housing Act 2004.
Certain conditions are required by law, but other changes can be made to the licence, such as changing the licence holder or a number of occupants.
Once received, your application will be considered, along with any representations made. If necessary, we may ask for further information, or visit the property and discuss alternative options with you. Applications are normally processed within 6-8 weeks.
Once a decision has been made you will receive a notice from the council informing you of the changes.
The council charges a fee to cover the administrative costs for issuing a licence.
The following document provides a full list of the HMO licensing fees:
HMO licensing fees (pdf 60kb opens in new window)
Landlords must ensure the HMO has rooms of a reasonable size and has enough bathrooms, cooking facilities and toilets for the number of people living there. The amount of amenities needed will depend on the type of property and the number of occupants living at the property.
The following pdf document provides guidance on the amenity and space requirements for houses in multiple occupation:
HMO Guidance and Amenity Standards (pdf 248kb opens in new window)
Temporary Exemption Notices (TEN) are notices which temporarily exempt a licensable property from requiring a licence. These can be issued by the Council if they are satisfied that the person required to be the licence holder proposes to take steps necessary to ensure the property no longer requires a licence, for example if tenants are leaving or the property is being sold.
Where the person having control of or managing a licensable HMO intends to take certain steps to remove the property from licensing, they must notify the council and apply for a temporary exemption from HMO licensing.
A Temporary Exemption Notice (TEN) can usually only be issued for 3 months. In exceptional circumstances, a second TEN may be issued for a further 3 months, and you can apply online:
Apply for a Temporary Exemption Notice