HMO Licensing Solicitors in London

HMO licensing can be a complicated area, but one that it is essential for landlords to get right. Failure to secure a licence or comply with its terms can result in serious financial penalties and possible criminal prosecution.

At OTS Solicitors, our specialist HMO licensing solicitors in London can support clients across England and Wales with all issues related to HMO licensing. We can provide clear, practical advice on the steps you need to take to secure a licence or deal with any issues that have arisen in relation to a multi-occupancy property.

For a detailed discussion regarding HMO licensing or to book an appointment with one of our landlord and tenant solicitors, please call us now on 0203 959 9123.

Our team can assist with all issues related to licensing for Houses in Multiple Occupation (HMOs), including:

• Advice on HMO licensing requirements in your area
• HMO licence applications
• Responding to HMO enforcement action
• HMO licensing refusals and revocations
• Advice on HMO tenants’ rights

Speak to our HMO licensing solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our HMO licensing solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our HMO licensing services

Advice on HMO licensing requirements in your area

Different local authorities have different rules for HMO property licensing, so it is important to understand the rules for your area. Our team can provide expert advice on local regulations and what you need to do to ensure compliance. They can review property details, offer guidance on necessary improvements and help you to navigate the application process.

Our solicitors’ expertise ensures you can meet the specific licensing criteria for your local authority, minimising legal risks and avoiding the potential for fines. Additionally, they can represent you in discussions with your local authority, resolving any problems and helping to streamline the licensing procedure.

HMO licence applications

When applying for an HMO licence, you will need to follow the process set out by your local authority. You will need a separate HMO licence for each eligible property and can normally apply through your local authority’s website.

As part of the application process, you will need to provide various details, such as the property’s address and number of occupants or proposed occupants. You will also need to make sure that everyone involved in the property will meet the ‘fit and proper person’ test.

Our HMO specialist lawyers can support you through preparing your application, making sure you fully understand the HMO regulations and that you provide all of the correct information. This can minimise the risk of problems, with the potential to significantly speed up the application process and increase your chances of success.

Responding to HMO enforcement action

As a landlord, facing enforcement action from your local authority in relation to an HMO or alleged HMO can be very stressful. Our solicitors are experts in supporting HMO landlords with responding to enforcement action.

We can assist landlords facing HMO enforcement action in the UK by providing legal representation and strategic guidance. This includes evaluating the enforcement notice, identifying legal defences and negotiating with local authorities on the landlord’s behalf.

Where appropriate, we can challenge or appeal enforcement decisions, ensuring procedural fairness. We can also advise on necessary property improvements to achieve compliance if required. By leveraging our detailed knowledge of HMO regulations, we can work to mitigate fines and other potential legal consequences.

HMO licensing refusals and revocations

If you have had an HMO licence refused or revoked, you may be able to challenge this decision. Our HMO property licensing experts can assist landlords facing refusals or revocations by employing various strategies.

We can review the grounds for refusal, assess the local authority's decision and identify legal avenues for appeal. Where we feel there are realistic grounds for an appeal, we can prepare a robust case, addressing any identified deficiencies in the licence application or compliance with HMO rules and presenting compelling arguments for the original decision to be reviewed.

In many cases, it is possible to negotiate with local authorities, seeking resolutions or modifications to secure licensing approval. Our legal expertise can be instrumental in navigating the appeals process and increasing the chances of a favourable outcome in HMO licensing disputes.

Advice on HMO tenants’ rights

Tenants have clearly defined legal rights with regard to HMO renting and it is important that both they and their landlord understand these rights. This can reduce the risk of disputes and help to maintain positive landlord-tenant relationships.

Our team can advise both landlords and tenants on their rights with respect to HMO renting, either proactively before any issues have arisen or in situations where a dispute has occurred.

Houses in Multiple Occupation licensing explained

An HMO refers to a ‘House in Multiple Occupation’ (sometimes also referred to as a ‘house of multiple occupancy’). An HMO property is one rented out to three or more tenants from at least two separate households, where tenants share facilities such as bathrooms or kitchens. Examples of HMOs include:

• Shared houses with individual tenants on separate agreements.
• Bedsits or converted flats where tenants share amenities.
• Student housing rented to groups of students from different families.

Some local authorities apply additional licensing requirements or ‘selective licensing’ schemes, which may impose HMO-like rules even on smaller properties. It is essential to check your local council’s definition, as requirements can vary. If you are confused about the status of your property, our expert solicitors are here to help.

How to check if a house has an HMO licence

Your local council should have an online register of licensed properties, which you can use to check whether a property has an HMO licence. If you would like to see whether your property has an HMO licence, you can:

• Visit your local council’s website and use their online HMO licence register or property search tool.
• Contact the council’s housing licensing department directly to request confirmation.
• Check for licence information displayed on the property itself (some councils require licences to be visibly displayed in the property’s communal areas).

How much does it cost to get an HMO licence in the UK?

The fee to get an HMO licence for a multi-occupancy property will be set by your local authority. You may also need to factor in the cost of legal support, especially if there are any problems with your application. Typically, however, fees range from £500 to £1500.

It is important to note that some councils may apply charges per unit or bedroom, whereas others apply a flat rate. Renewal fees may also be lower than initial application fees. In addition to council fees, landlords should consider costs for legal advice, preparing necessary documentation, and ensuring the property meets safety standards (e.g., fire doors, alarms, escape routes).

At OTS Solicitors, we pride ourselves on our fee transparency and dedication to accessibility. If you have any queries or concerns regarding obtaining an HMO licence, don’t hesitate to get in touch.

Can an HMO licence be refused?

Yes, an HMO licence can be refused if the licensing authority identifies any issue with the application or with the condition of the property, including:

• The property does not meet safety or housing standards, including overcrowding or inadequate amenities.
• The applicant is not considered a ‘fit and proper person’ under housing law. This includes issues such as past criminal convictions, breaches of landlord obligations, or failing to comply with previous licences.
• The area is subject to ‘overprovision’ policies, where councils limit the concentration of HMOs to avoid local imbalances.
• Incomplete or misleading information is provided on the licence application.

Refusal of a licence can be appealed to the First-tier Tribunal (Property Chamber), but it is advisable to rectify issues before reapplying. At OTS Solicitors, our team of experts can ensure your application is fully compliant with legal guidelines, giving you the greatest chance of success.

Who is responsible for obtaining an HMO licence?

The landlord of a property is responsible for obtaining an HMO licence for any property they own that meets the requirements of their local authority. In cases where a managing agent or company manages the property, the landlord is still ultimately responsible, though some councils may allow the agent to apply on their behalf.

Landlords must verify who holds responsibility in management contracts. Expert lawyers at OTS Solicitors can help with this if you are confused about your position.

What is the fine for renting out an unlicensed HMO?

The fine for renting out an unlicensed HMO is potentially unlimited. You also face the risk of being fined twice, as your local authority may impose a financial penalty, and you can be prosecuted in court (with the possibility of a further financial penalty), as renting out an unlicensed HMO is a criminal offence.

There are further penalties which may be incurred as a result of renting out an unlicensed HMO, which include:

• Court action: Prosecution in the magistrates’ court may result in unlimited fines.
• Rent repayment orders: Tenants can apply to reclaim up to 12 months’ rent paid during the period when the property was unlicensed.
• Criminal record: A conviction can affect the landlord’s ability to obtain future licences and may impact mortgage or insurance terms.

How many people can live in a house without an HMO licence?

For a property to require an HMO licence, there must be three or more people from two or more households sharing facilities. It is important to note that mandatory licensing applies when five or more occupants from two or more households share facilities.

Some councils have additional or selective licensing schemes that apply stricter rules, potentially covering properties with fewer occupants or certain types of properties (e.g., flats above shops). It is important to check your local council’s specific rules to determine whether your property requires a licence based on the number and arrangement of occupants.

Our HMO licensing lawyers’ fees

The cost of our services is directly related to the experience and quality of care we offer. The exact cost will depend on your requirements and the level of expertise required, so please get in touch for an initial consultation. At this consultation, we can discuss your requirements and give a realistic breakdown of our costs, so you can be clear on what to expect.

For straightforward HMO licensing requirements, we can typically act on a fixed fee basis, so you will know the exact cost upfront. Where there are more complex issues to deal with that require ongoing support, we will agree an hourly rate with all billable work agreed in advance.

Speak to our HMO licensing solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our HMO licensing solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.