HMO Licensing

How to Apply

The application process for HMO Licensing is now entirely online. If you are completing your first application, please follow the steps below.

Step 1 - Create a My Hastings Account

If you have used the Council's on line services before, you may already have a My Hastings account. If not you can create one before you apply for the licence. You only need to complete this step once, and then you can log on to your account to apply for as many licences as you need.

You can create your My Hastings account.

Step 2 - Get your Fit and Proper Person Certificate

Once you're registered with My Hastings, you need to apply for your Fit and Proper Person certificate. This is an online declaration that you must complete to confirm that you have not committed offences or breaches that may affect your suitability to hold a licence. You only need to complete this step once, and then you can use your Fit and Proper Person Certificate for multiple applications.

If your Fit and Proper Person declaration is accepted, you'll be sent a certificate by email with a reference number beginning with WK/. Please make sure you have this number to hand when you apply for your licence.

If you've engaged an additional person or company to manage your property then they will also need to complete this process, and provide their certificate number to you, before you can apply for a licence.

Apply for your Fit and Proper Person certificate.

Step 3 - Apply for your licence

Once you've completed the above steps (where applicable), you can go online and apply for your licence.

You'll then need to provide information about your property, and how it is controlled, managed and maintained, so please ensure you have this information ready before you begin.

Designation of an area for Additional HMO Licensing

Following public consultation, Cabinet approved the introduction of an additional licensing scheme for Housing Multiple Occupation. The designation was made on 10th October 2017, and the scheme comes into effect on the 4th May 2018 and runs for 5 years from this date.

The below pdf has more information:

• The Hastings Borough Council Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2017 (.pdf)
• Cabinet report approving the new Additional HMO Scheme (.pdf)

Further details will be made available in due course.

What HMO licensing is compulsory in Hastings? 

From the 4th May 2018 the Council Introduced a new Additional Licensing scheme for Houses in Multiple Occupation. A public consultation was undertaken between March and June 2017, and the results of this consultation were reported to Cabinet. The scheme was designated on the 10th October 2017 and you can view a copy of the formal designation.

The designation covers Castle, Central St Leonards, Gensing and Braybrooke wards, and applies to most HMOs in those areas, including buildings converted into self-contained flats where they are HMOs by definition under Section 257 of the Housing Act 2004. Two storey shared house HMOs with less than 5 residents sharing facilities are excluded from the designation.

Why is the Council doing this?

A stock condition survey undertaken in 2016 found that only 50% of HMOs in the town centre wards had mains wired smoke detectors and only 61% of flats and HMOs had a protected escape route. One in seven (14%) of privately rented properties had one or more category one hazards. In Castle ward this proportion increased to 1 in 5 (20%). HMO licensing will help address hazardous conditions in HMOs, and shorter licences for non-compliant properties will encourage landlords to upgrade their properties and management standards.

My flats are already licensed. Why do I need to license my HMO?

Your flat licences (Selective Licence) only cover the individual flats themselves. They do not cover the building containing the flats, or the common parts. An HMO licence is required by the owner of the building and will include all the common parts i.e. the stairs, passageways, fire doors, means of escape, gardens and anything else used in common between different flats. The HMO licence will also include any flats directly controlled by the Licence holder which are let on a lease (or tenancy) of 21 years or less.

What are the different types of licence?

Non-compliant HMOs will only receive a one year licence.  Properties meeting our basic standards will receive a three year licence, and those landlords who can meet better standards than the basic standards will receive a full 5 year licence.

1. Licences will run for the full term for which they were granted.  At the end of the scheme any valid licences  will continue to run until their expiry date.
2. Applications will be online. This will reduce costs to the Council and to the licence holder.
3. Applicants will be able to upload documents (send them electronically) to the Council
4. Some documents will need to be sent as part of the application.
5. Licence applicants for HMOs comprising self-contained flats will be required to have previously obtained Selective licences for each flat they control in the HMO, or pay the equivalent amount as part of their HMO licence application.
6. Fees will be flat rate of either £418 or £980 from the 1st April 2020, irrespective of the size of the HMO. An additional surcharge may apply for any flats which should have been licensed under the Selective scheme (as per item 6. Above)
7. To obtain a full five year licence, managing agents must sign a declaration to confirm they agree to be jointly liable for complying with the conditions of the licence. 

Who is responsible for applying for a licence?

In the case of a shared house HMO it will be the "person who collects the rack rent" i.e. the landlord or managing agent.

In the case of a building comprising self-contained flats, where none of these are subject to long leases (over 21 years), the person having control of the building (normally the freeholder) will be responsible for applying for the licence.

In the case of an HMO comprising one or more leasehold self-contained flats, it will be:-

• The Right to Manage Company or
• Person appointed by First tier tribunal (ex LVT) or
• Head lessee or freeholder (may be a company or charity) or
• Person appointed by RTM, Head Lessor or Freeholder i.e. a Manager.

The Council would normally look to the first named in descending order to be the licence holder. In any event they will have to be someone capable of authorising works to the property.

How much its an HMO licence?

* A Selective Licensing surcharge of £665 will be payable if you have one or more rented flats for which a licence is required.

There is a charge for a paper application form and/or invoice as opposed to payment on line of £50.

Licenses are non-transferable. Any new owner is required to make a new application

COVID-19 UPDATE

Licensing arrangements under COVID 19

Licensing conditions and timescales will remain unchanged during the current lockdown.  Please make every effort to comply WHILST MAINTAINING SOCIAL DISTANCING GUIDANCE.  We understand this may be difficult so if you are unable to comply please keep documented evidence of your efforts and these will be taken into consideration when considering further action.  We are following government guidance and not carrying out any licensing compliance inspections for now, but will be resuming when it is safe to do so.

Likewise our licensing tariff will remain unchanged, but consideration will be given to your circumstances when the restrictions have been lifted. We will consider all applications to vary on a case by case basis if you think you have been disadvantaged by the current crisis.

If you have been unable to supply an up to date EPC due to current COVID-19 restrictions, we will use your most current EPC when determining the length of your licence.  If when the restrictions have been lifted you can indicate that your property did meet the EPC criterion at the time of application, you can make an application to vary your licence.  To do this you will need to provide an EPC of E or above within a reasonable time of the restrictions being lifted.

What if I am unable to apply online or need help with my application?

A charge of £50 is applicable should you wish a paper application form or cannot make an on line application as you cannot make an on line payment. Alternatively for the same charge you can contact the Support Team who will fill in the application on your behalf.

Fire Safety Risk Assessment 

• A valid Fire Safety Risk Assessment (where there are common parts)(guidance can be found in this .pdf from gov.uk)

Changes to national HMO Licensing

New proposals extending HMO licensing to all shared houses and flats, with 5 or more residents effectively removing the "3 storey rule" were implemented from October 2018. 

Apply for a Temporary Exemption Notice

Under section 62 of the Housing Act 2004, the authority may, if they think fit, serve on a person having control, or managing an HMO, a temporary exemption notice where they satisfied that that person is taking steps with a view to securing that the property is no longer required to be licensed. Please apply using our Temporary Exemption form HMO Licensing form. You must supply evidence for your reasons.

Am I entitled to a refund?

We will give you a refund if:

• You make a duplicate application
• You make an application for an exempted property by mistake

We will not give you a refund if: 

• We refuse your application
• You withdraw your application
• We revoke (take away) your licence
• You are refused planning permission for a mandatory House of Multiple Occupation (HMO)

What if I change my address or managing agent?

You can apply to vary your licence by completing the form and posting or emailing it to us (details on form).

What happens if I sell my licensed property?

If you sell your licensed property you MUST let the Housing Licensing team know as soon as possible and tell us you want to revoke the licence.  If not the licence will be still be in your name and you may be liable if the conditions are not complied with. You will not get a refund for the remaining years