Additional Licensing

To view the following documents, please click relevant link to download / open.

• HMO Public Register
• HMO Licence Application Form
• HMO Licence Application Guidance Notes
• HMO Information Handbook
• HMO Landlords Audit 2022
• Housing Licensing Tacit Consent Policy
• Space Amenity Standards
• Kitchen Amenity Standards
• Bathing Amenity Standards
• Guidance Note: Planning Rules for Houses in Multiple Occupation.
• Civil Penalties Enforcement Guidance
• Licence Conditions for Houses in Multiple Occupation (HMO)
• Waste Management Plan - A guide to help Landlords comply with new Licence Conditions
• Tackling Anti-Social Behaviour in Licenced properties
• Statutory Public Notice
• Safer Housing Department Privacy Notice

Link to Documents from GOV.UK

• How to let - GOV.UK (www.gov.uk)

The licence fee policy document linked below contains information about the licence fees, refunds, accreditation and a number of other useful areas. If you have a question about HMOs that is not covered in the document, you can email your question to hmo@nottinghamcity.gov.uk and we will be happy to assist you.

• Click to Download to view the NCC Licence Fees Policy

The Council will consider whether:

• The property is suitable for the number of persons requested
• The proposed licence holder and manager are 'fit and proper persons'
• The arrangements for managing the property are satisfactory as per the HMO Management Regulations

The Council will use the information you provide in the application and may also inspect the property to make its assessment.

We will then either refuse or grant a licence. Licences will have certain standard conditions relating to the management of the property and may have other conditions requiring, for example, the installation of further amenities.

Payments

Payment can be made over the telephone by debit or credit card. Please note only card payments will be taken via the online application system and will be required before the application is submitted to us. Please note that the City Council does not take payments via cheque.

Tacit Consent Will Not Apply

No tacit consent is applicable to this type of application. If you have not been contacted by us within a reasonable time following the submission of a duly made application, then please do contact us at HMO@nottinghamcity.gov.uk.

Landlords and agents who fail to apply for a licence face the risk of further enforcement action which could include a financial penalty of up to £30,000 or prosecution with an unlimited fine. In addition to this, a record of non-compliance with Housing Law may affect your ability to hold a licence.

In cases where a successful prosecution or multiple financial penalties are issued may result in a Banning Order against the guilty person, this would mean they are unable to hold a licence and may result in their properties being taken over by the Council.

Flats

Some flats are also covered under the Additional Licensing Scheme and some buildings with flats may require a licence or more than one type of licence.

• Flats within a purpose built accommodation

(where there are 3 or more occupants from 2 or more households, see the definition for households below this is a HMO)

• Converted blocks of flats

The whole building could require a licence or each flat

• Buildings with self-contained flats

Some buildings can also require more than one licence.

If one (or more) of the flats are occupied as an HMO then this will need a licence (as mentioned directly above), however, the whole building may also need a licence if:

• It does not meet the 1991 Building Regulations (or those thereafter)
• No more than two-thirds of the building is owner-occupied

This is unless all of the flats within the building are licensed separately.

• More information on Building Regulations can be found on the Government Website. 2010 to 2015 government policy: building regulation - GOV.UK (www.gov.uk)

Households

Households: a household can be one person or several people. A group of people that are related, or living as a couple or family are 1 household*.

*includes couples, same-sex couples and children including fostered and adopted and any other relatives.

Note: Where tenants claim to be related we expect landlords and/or managers to have taken out appropriate checks to be confident that they are related and the property is not being occupied as an HMO.

Examples:

• Three unrelated friends equal 3 households
• A couple and a 1 friend equals 2 households
• A couple living with their parent are 1 household
• A couple, sharing with 3 strangers who are all friends but not related would be 4 households
• 2 friends would be 2 households because they are not related
• 2 families would be 2 households

Planning Permission

Most privately rented homes in Nottingham now require a licence, please note Planning Permission and the Housing Licensing are not the same thing and you may need both.

Article 4 Direction means that you need to obtain planning permission to convert a family dwelling to an HMO with between 3 and 6 unrelated people sharing in the Nottingham area. Planning permission is already required for properties shared by 7 or more unrelated people.

With Article 4 being City wide in Nottingham, it is unlikely that you will be granted planning permission for a change of use from C3 (family) to HMO use either C4 (HMO 3-6) or Sui Generis (HMO 7 or more). There are separate set fee's for applying for planning permission and this cost is totally separate and is not included with the cost of making a Housing Licensing application.

Article 4 Directions have also been put in place on several specific properties, mostly within conservation areas. These impose restrictions on minor building work, such as small extensions, outbuildings, and changes to windows and doors.

You should contact our Planning Team to discuss any plans you have and if you will need planning permission, planning@nottinghamcity.gov.uk or call 01158764447.

• See information Article 4 Directions and Restrictions on Permitted Development on our website.
• See our guidance notes for more on HMO planning.

Applying for a Housing Licence Without the correct Planning Permission

If you apply for a HMO licence (Mandatory or Additional) and the property has changed use from C3 (family) to C4 (HMO) or Sui Generis (HMO) without planning permission, you may be granted a licence for only a 12 months period, every application will be considered on its own merits. This 12 months period will allow you the opportunity to regularise and put the planning affairs of your property in order by applying for Change of Use permission. The full HMO licence fee will still be payable and is non-refundable even when a 12-month licence is granted.

If you’re granted planning permission or win an appeal to the Planning Inspectorate, you will need to quickly apply to vary the HMO licence, this is not automatic and you will need to request that it be varied to expire in 5 years after the duly made date of the original HMO licence application. You must apply to vary the licence on your own initiative, if you forget then the licence will expire. If you’re refused permission or lose your appeal, the licence will be allowed to expire and you must take steps to ensure the property does not require a HMO licence if you do not have the correct permissions in place. During this time it may be necessary to apply for a Temporary Exemption Notice whilst winding down the HMO business.

If you request to vary the licence when you’ve not applied for planning permission during those 12 months and planning permission has been refused, or your appeal to the Planning Inspectorate has been unsuccessful, we’ll generally refuse to vary the licence and allow it to expire at the 12 month mark. If you apply for a HMO licence after Planning Permission has been refused already, or all avenues of appeal have been exhausted, we’ll may still refuse to grant a licence. The full HMO licence fee will be payable and is non-refundable if a licence is refused.

• Please click here to visit the DASH Services - Decent and Safe Homes website for further information or the Legislation website Statutory Instrument 2006 No. 371.
• Please click here to view the Statutory Instrument 2006 No. 371 for the regulations on prescribed description HMO's
  Statutory Instrument 2006 No. 373 - The Licensing of HMOs
• You can also contact the HMO Team within Environmental Health.

If you are the owner, manager or person in control of an HMO and are in any doubt whether it needs a Licence, please contact the HMO Team within Environmental Health on 0115 915 2000 (Options 5) or by e-mail at hmo@nottinghamcity.gov.uk for clarification.