Which HMOs are covered by additional licensing?

Additional Licensing applies to all 3 and 4 person HMOs. It also applies to purpose-built flats in multiple occupation - which include purpose-built student accommodation (PBSA) and any other flats in purpose-built blocks of flats where there are 3 or more persons who form 2 or more households.

Why have the Council introduced additional licensing?

The Council have introduced Additional Licensing as it would ensure that all HMOs must meet the same management and property standards, which provides better welfare and safety for occupiers.

It also strengthens the Council's strategic objective of tackling poor conditions in private rented property and links with planning compliance.

Does additional licensing apply to resident landlords?

Resident landlords who live with up to two lodgers and share facilities are legally exempt from the HMO definition. If resident landlords have 3 or more lodgers, they will require a licence under the Additional Licensing scheme.

Does additional licensing apply across the whole district?

Yes, HMOs anywhere in the district are covered by the scheme.

When does the Additional Licensing Scheme come into effect?

The scheme commences on 18th January 2024. It will remain in place for a period of 5 years, unless revoked and can be renewed for a further 5-year term.

How do I obtain an HMO Licensing pack?

The application forms can be downloaded from the website www.warwickdc.gov.uk/hmo . Alternatively you can request a pack by contacting Private Sector Housing on 01926 456359 or email addhmo.admin@warwickdc.gov.uk Packs can also be collected in person from the main reception at Riverside House, Milverton Hill, Leamington Spa weekdays between 9.30am and 4.30pm.

When can I submit my licence application?

You can submit your application from 1st January 2024.

How much does a licence cost?

The licence fee for a 3 or 4 person HMO is the same as the licence fee for a 5 bed HMO. A five-year licence costs £964.00 although an ‘early bird’ discounted fee (£800) was available for landlords who applied in full before 14th March 2024.

When and how can I pay my licence fee?

You can only pay your licence fee online and from 1st January 2024. You should not attempt to pay before this because the online payments system will not have been updated.

Payments will need to be paid in 2 stages, stage 1 is the initial fee and stage 2 fee is requested once we are in a position to issue a licence. The fees are listed in the fees and charges sheet.

What standards/conditions would be applied?

Standard licence conditions will apply to all HMOs. They are the same as with the Mandatory Licensing Scheme.

Do I need planning permission before I apply for a licence?

Yes. We won’t process your application until we are sure you have a valid planning permission or established use. If don’t have a planning permission or lawful development certificate, and the HMO has not been operating continuously for 10 years and your HMO is in Leamington Spa, you will probably need to submit a planning application and should contact the Planning Department (kalvarn.birk@warwickdc.gov.uk or telephone 01926 456547) for advice. This is because an ‘Article 4 Direction’ has removed ‘permitted development rights’ in Leamington Spa wards.

If your HMO is outside of Leamington Spa, you do not need planning permission for 3 to 6 occupants.

How long will my licence last for?

A licence would normally be granted for 5 years.

Will I receive an inspection before my licence application is processed?

Yes, we have to be satisfied that the property to be licensed meets the standards for a HMO. If works are identified, the officer will work with the landlord to bring the property to standard.

What documents do I need to submit with my application?

• Licence application forms
• Gas safety Certificate
• Electrical Installation Condition Report
• PAT Certificate
• Fire detection Certificate
• Servicing certificate/receipts for Firefighting equipment
• Emergency Lighting Certificate (if applicable)
• Professionally drawn floor plans
• Licence fee (paid online)

What works will I have to undertake to bring my HMO to standard?

We won’t be able to inspect HMOs before we receive licence applications but in general terms you will need to ensure your HMO is in a reasonable state of repair and free from serious hazards. A single bathroom with WC and single kitchen will normally be sufficient for most 3 and 4 person HMOs.

The level of fire precautions will depend upon the type of letting. As a general rule, 1 and 2 storey HMOs let as shared houses and flats on a single contract with require solid doors (not necessarily 30-minute fire doors) and a series of mains linked smoke and heat detection to hall, landing, lounge and kitchen.

HMOs let on a room-by-room basis, e.g. bedsits, with separate contracts, will require 30 minute fire doors and a series of mains linked smoke and heat detection to each bedroom in addition to the communal areas. If the HMO is 3 or more storeys, it may require a panel-type fire alarm system.

HMOs with a cellar may require the ceiling and door bringing up to 30 minutes fire resistance with linked smoke detection.

Doors to bedrooms and escape routes in all HMOs must not have key operated locks in which to exit the property.

Each HMO should have a multi-purpose 6 litre fire extinguisher in the hall/landing area and a fire blanket in the kitchen.

Where it is necessary to exit a bedroom through a ‘risk room’ such as a kitchen or lounge, an alternative escape route may be required, for example, an escape-type window.

In the vast majority of cases, emergency lighting will not be required for small HMOs with straight forward escape routes.

The full specification of fire precautions has to be determined on a case-by-case basis as all HMOs are different. The guidance which we apply is called LACORS Housing Fire Safety.

The HMO Landlord Guide provides further information on meeting the standards that are required.

The Communal Space Guide provides further information on meeting communal space standards.

The Anti-Social Behaviour Guide provides further information on your responsibilities to prevent and deal with ASB.

Before undertaking any works to your HMO, you should check whether any permission is required from both Planning and Building Control.

Do I need to tell my mortgage company if I need to apply for a licence?

Yes, you need to notify them that you are making a licence application. We also need to let any parties with a legal interest in the property know if we are proposing to issue a licence.

How long will the Council allow me to bring my HMO up to standard?

Timelines quoted on schedules of work depend on the nature of the work to be completed, and the hazard presented to the occupier.

How long will I have to submit my licence application?

Duly made applications are invited from 1st January and the ‘early bird’ discount applied to those duly made by 14th March. We accept that some landlords will not submit their application quickly, but they should ensure they have applied by 18th July 2024 if the HMO has been running continuously since the scheme came into effect on 18th January. The Private Sector Housing team will begin to start enforcement action for those who have not applied for licences or applied for Temporary Exemption Notices (TENs) as we move into the Autumn.

What are the consequences if I don’t apply for a licence?

Failure to Licence an HMO is a serious legal offence. You could be prosecuted or receive a Civil Penalty Fine of up to £30,000 for the offence of failing to licence your property. It could also prevent you from managing HMOs in the future.

I don’t want to carry on running my property as an HMO, so can I avoid having to apply for a licence?

Yes, there may be circumstances which allow us to issue a Temporary Exemption Notice (TEN) to enable the HMO use to come to an end. We will require you to submit a Temporary Exemption Notice application to addhmo.admin@warwickdc.gov.uk setting out your reasons and providing copies of any tenancy agreements.

If you currently let to students on a tenancy which expires in July/August 2024, and you have not committed to another HMO tenancy, we may be able to issue a TEN.

If you currently let to professionals with a tenancy expiry date no later than August 2024, we may require you to issue Section 21 notices in order to take control of bringing the HMO use to an end. However, for tenancies expiring beyond August 2024, it may not be possible to issue a TEN if there is no clear route to bringing the HMO use to an end within a short period.

Remember, you only need to reduce the occupancy to no more than 2 persons so the property is no longer an HMO. It need not be completely vacated.

If you do need to issue Section 21 notices, we will want to be sure that notices are correctly served, valid and there is a clear intent to follow through to re-gain possession.

Section 21 notices are likely to be abolished once the Renters (Reform) Bill becomes law. We expect Section 8 notices to be the future mechanism for re-gaining possession using specified grounds but the timescales for this are not yet clear.

If you are a resident landlord sharing with lodgers, you will only be regarded as an HMO if you have 3 or more lodgers. To evict a lodger, you would not normally need to issue a Section 21 notice but you are advised to take legal advice before starting any eviction process.

If I revert my HMO to a single household, can I go back to an HMO in the future?

If the property is within Leamington Spa and you revert to a single household let, you will lose the C4 (HMO) use class, and you will not be able to move back to an HMO without obtaining planning permission again.

Outside of Leamington Spa, you are free to revert to single household and back to HMO again and you can retain the same HMO licence for its 5-year duration.

If I create a new HMO in 2025 and the licensing scheme only runs to 2029, will I only receive a 4-year licence?

No, although the scheme is due to end in 2029, any licences issued will likely be for 5 years. So, even if the scheme ends, licence conditions will still be enforceable until the licence expires.

If the scheme is deemed a success, it is likely that it would be renewed for a further 5 years and so on, hence licence holders will need to renew their licences as and when they expire.