An HMO licence granted under the Housing Act 2004 typically runs for 5 years. When the licence expires, the property cannot lawfully be let as an HMO until a valid renewal licence has been granted, or until a renewal application is pending with the council. This guide sets out the renewal process, the documents required, and the consequences of a licensing gap.
Why timely HMO licence renewal matters
- Operating an unlicensed HMO is a criminal offence under Section 72 of the Housing Act 2004, unlimited fine on conviction
- Tenants in an unlicensed HMO can apply to the First-tier Tribunal for a Rent Repayment Order for up to 24 months' rent
- Operating unlicensed does not invalidate a Section 8 notice, but it exposes you to a civil penalty of up to £40,000 and a Rent Repayment Order
- The local authority can issue a Civil Penalty Notice up to £40,000 as an alternative to prosecution
- The landlord's fitness for future licensing applications is assessed against their compliance history
Documents needed for HMO licence renewal
- Gas Safety Record (CP12): Current annual gas safety certificate for all gas appliances. Must be in date at the point of renewal
- EICR: Current Electrical Installation Condition Report; no more than 5 years old, with all remedial actions completed
- Fire alarm test certificate: Interlinked fire detection systems in HMOs must be tested annually (and logged weekly). Provide the most recent annual test certificate
- Emergency lighting test certificate: Where emergency lighting is required by licence conditions, provide the annual test certificate
- PAT records: Portable Appliance Testing records for all landlord-supplied electrical appliances. PAT is a licence condition for most HMOs
- Planning consent or building regs (where applicable): If any works have been carried out since the original licence (extensions, HMO conversions, fire safety upgrades), include the relevant planning consent or completion certificate
- Management arrangements: Details of any managing agent appointed since the original licence; the agent must also pass the fit and proper person test if named as the licence manager
- Tenant details: Current tenant names and contact details for all occupiers
HMO licence conditions landlords must maintain
Renewing an HMO licence is also an opportunity to review compliance with all existing licence conditions. Common conditions that must be met at renewal include:
- All fire safety equipment (alarms, extinguishers, fire blankets, fire doors) in working order and compliant with the licence schedule
- Room sizes compliant with the mandatory HMO room size minimums (6.51 m² for a single adult; 10.22 m² for two adults)
- Shared facilities (bathrooms, kitchens) in good repair and compliant with prescribed standards
- Gas and electrical safety certificates in date
- All prescribed notices and landlord contact information displayed in the property
- Tenancy agreements in place for all occupiers
Fit and proper person test at renewal
Local authorities re-assess the fit and proper person requirement at renewal. The assessment considers:
- Any criminal convictions for offences relating to housing, violence, drugs, fraud, or dishonesty in the preceding 5 years
- Any civil penalty notices issued in the preceding 5 years for landlord offences
- Any banning orders in force under the Housing and Planning Act 2016
- Any decision by a court or tribunal relating to the management of residential property
- Whether the applicant has been involved in a Rent Repayment Order as a respondent
- The council's assessment of whether the applicant is a suitable person to manage the HMO
Major metropolitan councils can take 8 to 12 weeks to process HMO licence renewals. Apply at least 3 months before your licence expires. If your application is lodged before expiry and is pending, you are generally protected from prosecution for operating without a licence, but do not rely on this without confirming the council's policy.