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Licensing for certain HMOs

Rochford District Council operate a mandatory licensing scheme only as per the legislation below which came into force October 2018.

New Legislation

Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018

  • This Order, l comes into force on 1 October 2018 and it will introduce a tighter regime for what HMOs need to be licensed.  
  • The new mandatory licensing from 1 October 2018 will now include all HMOs (other than sec 257 HMOs and flats in larger purpose built blocks) that are:
    • occupied by five or more persons; and
    • occupied by persons living in two or more separate households

The license is issued to a person or organisation. The licence is payable per property and cannot be transferred. A separate application is needed for each property.

The licence lasts for 5 years unless there is a change in circumstances during this time. Any changes will need a new application and a new fee. Details on fees can be found by visiting the Financial Information page in Related Content and checking the most recent 'Fees and Charges' document.

We can refuse to issue a licence if the applicant is not considered to be a fit and proper person.

WarningIt is an offence to operate a licensable HMO without the proper licence

Temporary exemption notices

To apply for a TEN (Temporary Exemption Notice), please contact our Private Sector Housing team.

You can apply for a temporary exemption notice (TEN) if you manage or control a house in multiple occupation (HMO) that currently requires a licence but you want to take steps so the property no longer needs to be licensed

Applications for a TEN must be made by the person who controls or manages the property – usually the owner or landlord – or their agent, using the form below. There is no application fee.

By applying, you:

  • declare the information submitted is true and complete to the best of your knowledge
  • understand that it is an offence to send us information you know to be false or misleading in connection with our functions under Parts 1 to 4 or 7 of the Housing Act 2004

We may ask you to give evidence of statements made in your application. If we find something relevant that you should have disclosed, or which was incorrectly stated or described, action will be taken. This may include revoking your TEN.

We will only issue a TEN in exceptional circumstances. No more than 2 TENs will be issued for a property – each TEN will last 3 months. At the end of the exemption period, your property must either no longer need a HMO licence, or you must apply immediately for a HMO licence.

WarningIt is a criminal offence to operate a licensable HMO without having either a licence or a TEN.

If we decide not to issue a TEN, we will immediately give you notice of:

  • our decision, along with our reasons and the date it was made
  • your right to appeal against our decision

You may appeal within 28 days of the date our decision was made. Appeals must be made to the residential property tribunal for the east of England. For more information, go to:

Register of temporary exemptions notices

The properties below have been granted temporary exemption notices. (Table currently empty)

Ref. Address of property Date first TEN was issued Date second TEN was issued

To apply for a TEN (Temporary Exemption Notice), please contact our Private Sector Housing team.