Mandatory Licensing requires houses in multiple occupations (HMO's) shared by 5 or more unrelated people who share facilities such as kitchens and bathrooms, to have a licence in a designated area. Purpose built flats will be covered in this scheme.

Please click here to see more information on the legislation.

Apply for a licence

Completing this form should take around 90 minutes.

To complete this form you will need.

  • Photo ID for the proposed licence holder and manager
  • Gas Safety Certificate                                          
  • Energy Performance Certificate 
  • Evidence of landlord insurance for the property
  • Emergency Escape Lighting Test Certificate (if present)
  • Fire Alarm Test Certificate 
  • Most recent portable appliance test (PAT) certificate
  • Building regulations completion certificate and planning consents (If applicable)
  • Evidence of relevant training (if undertaken)
  • Written Fire Safety Risk Assessment (If applicable)
  • A valid, in date, satisfactory Electrical Installation Condition Report or an Electrical Installation Certificate.

You will also need the following:

  • The proposed licence holders and proposed managers name, address and contact details
  • The name, address and contact details for any other person with an interest in the property, such as other owners, leaseholders, freeholders and mortgage companies
  • Confirmation and date of having served a notice of the application to the those with an interest in the property
  • Details about the bedroom sizes, condition and safety of the property
  • Details about how the property is managed
  • If accredited; the accreditation number of the licence holder/manager
  • You will also be required to attend Landlord training courses within 12 months of being issued the licence

 

 

 

Apply for a licence

 A Variation on a Licence

If you need to change your licensing details, you can apply for a variation on licence here.

Variation on your licence 

A Renewal of a Licence

You can apply for a renewal of a licence on the same form.

Renewal of your licence

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 a HMO.

Examples

  • Three friends = 3 households
  • A couple and a 1 friend = 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 household because they are not related
  • 2 families would be 2 households

 

An HMO with 5 or more unrelated persons, from more than one household, sharing facilities will require a Mandatory HMO licence. This applies to all HMO properties in England, although there is an exception to the rule (stated below).

Exemption to Mandatory HMO licensing

  • For an individual flat of 5 or more tenants, located inside a purpose built block of three or more self-contained flats, Mandatory HMO licensing does not apply.
  • If your flat is in a purpose built block that contains 2 self-contained flats and is an HMO of 5 or more tenants it will require Mandatory HMO licensing.

The flats may still need a licence as the council operates an Additional and Selective licensing scheme currently running until 2023. Some buildings with flats may require more than one type of licence.

Table 1 Application Fee

Licence Fees For Mandatory and Additional

Description

Comments

Fees

 

 

 

Standard

 

·         For non-accredited landlords

·         Application fee up to 9 bedrooms

1st Payment £890

 

2nd Payment £440

 

Total £1330

 

Less Compliant

 

·         For non-accredited landlords

·         Application fee up to 9 bedrooms

1st Payment £890

 

2nd Payment £830

 

Total £1720

 Accredited

·  The proposed licence holder is accredited with the Nottingham Standard (Either Unipol or Dash)

· Application fee up to 9 bedrooms

1st Payment £615

 

2nd Payment £375

 

Total £990

 

Table 2 Extra Fees

Extra fees will become payable during the licence application process if any of the criteria detailed in the table below are met.

These extra fees will be collected in addition to the 1
st and 2nd part payment. The application will not be considered made until all extra fees have been paid with the 1st part payment or shall be payable on request.

Please note the fees in Table 2 are non-refundable.

 

Description

Comments                        

Fees

 

Extra Bedrooms Fee

When an HMO has 10 bedrooms or more, an extra fee is applicable per bedroom.

Applicable in addition to the 1st part payment in Table 1 and shall be payable on request.

 

 

 

£25

 

Missed inspections

Failure to attend an agreed inspection a charge shall be levied

This fee shall be payable on request.

 

£50

 

Extra Correspondence

Where there is a requirement to enter into extra correspondence over and above the standard licensing process.

This fee shall be payable on request.

 

 

£30

 

Extra copy documentation

Where a request is made for each duplicate/copy documents. The request will not be processed until this additional fee has been paid.

This fee shall be payable on request.

 

 

£30

 

 

 

 

Paper Application Form Request

Paper application forms will remain available on request, printed application forms will be printed and posted to a UK postal address a charge of £35 shall be required for each form.

 

Please note that the application form is available free of charge on the Council website for download and printing or complete online.

This fee shall be payable on request.

 

 

 

 

£35

 

Paper Application Form Processing

A charge of £65 shall be applied for each paper application submitted to cover the extra manual cost of processing.

This fee shall be payable on request.

 

 

£65

 

 

 

Part 1

 

Housing Act 2004

Not all costs can be recovered from the licence fee.

 

Under Part 1 of the Housing Act 2004 (section 49) the Council may charge for relevant costs linked to enforcement work.

 

Please note that when an invoice is issued, this action becomes a local land charge registered against the property.

This fee shall be payable on request.

 

 

 

 

 

£350

Please note that no fee payments made by Cheques or Bankers Cheques are accepted. 

 

Refunds Policy relating to Licence Fee

Applicants will be entitled to a refund of licence fee payments in the following situations:

  • on review of an application it is decided that the property does not need a licence at the time of application (for example, it falls under one of the exemptions);
  • a duplicate application is made;

 

Refunds will not be provided in the following situations:

  • the property needs to be licensed at the time of application;
  • the property is sold at any point during the application process;
  • the Council refuses the application and does not grant a licence;
  • the application is withdrawn at any point during the application process;
  • the Council revokes (takes away) the licence;
  • the Council varies the licence and reduces the amount of time it remains operationally valid;
  • the property is refused planning

The fees are not connected to the length of a licence. If a licence is no longer required and the licence holder must request a revocation to cancel the licence before it expires, the Council cannot give a refund for any unused time.

The Housing Act 2004 sets out that the requirement for a licensing fee and this is set by the Local Authority. The fee will be collected in two parts and the first part payment is required for an application to be considered as duly made*.

*duly made is the point in which we accept an application as being submitted with all the information that is legally required

The City Council may decide to issue the Licence for any amount of time, up to a maximum of five years. 

 

What happens if I do not apply for a renewal before the date of expiry of my current Licence?

You will need to make a new licence application and Nottingham City Council will apply the fee which is applicable at the time for renewals.

The City Council may decide to issue the Licence for any amount of time, up to a maximum of five years. 

 

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

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. It is an offence to provide false or misleading information.

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

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 of time 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.

Before issuing the full licence (or refusal) we issue a draft licence (or refusal). This allows you to study the document and then make representations to us.

Once the full licence (or refusal) has been issued, you have 28 days to appeal to the  First-Tier Tribunal (FTT).  Please visit the FTT pages for details of how to appeal.

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.

Please click here to visit the DASH Decent and Safe Homes website for further information or the Legislation website Statutory Instrument. 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 or by e-mail at hmo@nottinghamcity.gov.uk  for clarification.