HMO licence exemptions

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Exemption from HMO regulations

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

This comprises buildings that are:

  • managed or controlled by private registered providers of social housing, a co-operative society, local authorities and other specified public sector bodies
  • buildings 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 two tenants or licensees. This exemption does not apply to section 257 HMOs
  • only occupied by two people who form two households
  • properties subject to a temporary exemption notice or an interim management order

Temporary Exemption from licensing

If you want to make changes to the property so it doesn't need to be licensed, you can apply for a Temporary Exemption Notice (TEN).

When a TEN is in place, you can operate without a licence for 3 months while you're making the changes to remove the property from the requirement to license.

To qualify for a TEN, you must show that you are taking steps to ensure the property will no longer need a licence.

We'll ask to see evidence to support your application. This could be:

  • providing supporting documents or other information showing the action being taken
  • completing additional checks, including with other agencies when appropriate

A TEN application can't be made to avoid licensing and an application can be refused or TEN revoked if you:

  • omit any relevant information to support your application
  • make any false statements or misrepresentations

If a licensable HMO is not licensed or exempted under a Temporary Exemption Notice a section 21 notice cannot be served on the tenants legally under the Housing Act 1988 (as amended).

There is no cost for a TEN.

Apply for a TEN

Apply for a HMO Temporary Exemption Notice