Guidance notes for a HMO licence application

Download the guidance notes as a PDF. (PDF) [454KB]

Part 1 - Information about persons involved with the HMO

Part 2 - Property details

Part 3 - Requested maximum room occupancy

Part 4 - Further information

Part 5 - Other licensed properties

Part 6 - Fit and proper person

Part 7 - Notification to relevant persons

Part 8 - Declaration

Part 9 - Payment of the licensing fee

Notification

Please use black ink to complete this application form and write only within the boxes provided. 

If you require any assistance in completing the application form or have any queries, please contact the Housing Standards Team on 0191 4332350. 

The applicant must fully complete all parts of the application form. If the form is not fully completed or the fee and/or supporting documented evidence is not enclosed, the form will be returned.

HMO licences generally last for a maximum of five years and are not transferable.  Where a property changes ownership the new landlord must make an application for a licence.  No repayment of the licence fee will be made for any un-expired period of the licence and a full fee will be required from the new applicant.

Where a licence holder wishes to alter the terms of their licence, for example there is a change in manager details or a change in occupancy levels, they may apply for a Variation to the Licence. The application will be an application to vary a licence. A fee may be payable for this, to cover our costs in administering the changes.

Send your completed application form to: 

Housing Standards Team
Gateshead Council
Communities and Environment
Civic Centre
Regent Street
Gateshead
Tyne and Wear
NE8 1HH

We will acknowledge receipt of your application form in writing with a receipt for your fee.

It is recommended that you either hand deliver your application form or send it Royal Mail Recorded/Special Delivery.

Multiple properties

Should you own/manage/wish to apply for a licence for multiple HMOs complete part 1 once and photocopy parts 2 to 9 and complete for each property you are applying for. 

 Part 1 - Information about persons involved with the HMO

If you are the person filling in this application form, then you are the 'applicant'. As the applicant you need to complete every part of the application form and sign the declaration at the end of the form. This is to confirm that the information you have provided is correct to the best of your knowledge.

The 'Proposed Licence Holder' is the person whose name will be on the licence. They are liable to prosecution if the conditions of the licence are not met. This person is also required to sign the declarations within the document. The most appropriate person to hold the licence for the property is likely to be the person who receives the rent for the property.

The 'Person Managing the HMO' in this act means, in relation to premises, the person who receives rents or other payments from  tenants or licensees of parts of the premises. These payments could be received directly or through an agent or trustee

A 'Person having control of the HMO' in this act, in relation to premises, means (unless the context otherwise requires) the person who receives the rent of the premises. On his own account or as agent or trustee of another person.

 Part 2 - Property details

This and the following parts can be photocopied if you are applying for more than one property. All the details in Part 2 and subsequent parts must be completed for each property, one application per property.

Type of property: a bungalow is a house

Type of HMO: This will always be for a House in Multiple Occupation; the other options exist as the legislation requires we put them in. This has already been ticked for you.

A storey is also known as a floor.

Levels on which those storeys are situated: If your property is a two floor upper Tyneside flat, then you would answer '2 and 3'

A 'letting unit' is any rented unit of accommodation, this could be a

• Room/ bed sit
• Studio
• Flat
• Floor by floor let
• House

For example, a house let as bed sits and rented to five people would count as five lettings.

A 'habitable room' is any which can be occupied during the day. This includes bedroom, living room and dining room. It does not include bathrooms, WCs and small kitchens.

Numbers of bathrooms and WCs refer to those shared by separate households. If the bath/shower and WC are contained within the sleeping room, it is referred to as en-suite.

A sink is for washing up, not for washing hands.

A 'household' for the purposes of the Housing Act 2004 comprises:

A single person or co-habiting couples (whether or not of the opposite sex) or a family, including parents, grandparents, children (including foster children, step children and children being cared for), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins. Half-relatives will be treated as full relatives.

Examples

• Three friends sharing together are considered three households because they are not related as a family. 
• If a couple are sharing with a third person that would consist of two households. 
• If a family rents a property this is a single household.

An 'occupier' means a person who occupies the property as a residence. Children and babies are also considered to be occupiers, and should each be counted as one individual regardless of their age.

Details of Fire Precautions equipment: You can either describe where the items are or mark them on a plan

Details of Fire Escape Routes: these can be described or marked on a plan

When submitting your completed application, you must include copies of:

• An Electrical Installation Condition Report that has been completed in the last five years and evidence that any C1 or C2 defects have been repaired.
• A report that has been completed with the last year confirming any portable electrical appliances you have supplied are safe, having been tested by a competent person.
• A copy of the Landlords Gas Safety Certificate that has been completed within the last year and evidence that any defects identified have been repaired.

 Part 3 - Requested maximum room occupancy

We can either licence a room for the most people that room can contain, or the maximum number of people you want the room to contain for the duration of the licence.

This is separate to the maximum number of people that can occupy the property.

So, if you have a property with five large bedrooms but one bathroom the licence could allow each bedroom to be occupied by two people, but the maximum number of people allowed to live in the property would be five because of the one bathroom.

This would mean that if two people were sharing a bedroom, three bedrooms would be occupied by one person and one bedroom would have to be left empty, for a maximum of five people in the house.

 Part 4 - Further information

Use this section to provide further information for for any of the previous questions. Indicate which question your answer relates to. You can also use this area to add any further information that you feel could be relevant to your application. If additional information is supplied on separate sheets of paper, please make sure they are firmly attached to the application form.

 Part 5 - Other licensed properties

All other properties that the proposed licence holder currently holds a licence for, for either Mandatory Licensing under Part 2 of the Act or Selective Licensing under Part 3 of the Act must be listed.

 Part 6 - Fit and proper person

Under the Housing Act 2004, licence holders and managers of HMO's must be 'Fit and Proper' persons to undertake the responsibilities of running them. To carry out proper assessments of suitability, details about previous convictions for criminal offences must be disclosed.

Failure to declare a relevant conviction will be regarded as more serious than the conviction itself.

Under the Rehabilitation of Offenders Act 1974, there is no need to provide details about previous convictions which have been 'spent'. A conviction becomes 'spent' after a certain length of time. This changes depending upon the sentence and the age of the person at the time of conviction. The periods are halved if the conviction took place when aged 17 or less.

A conviction can never become 'spent' if the sentence was more than two and half years imprisonment.

If you have any doubts about whether you need to declare a previous conviction, contact your Solicitor, local Probation Office or the Citizens' Advice Bureau.

If you are convicted of any relevant offence during the licence period you must notify us immediately.

 Part 7 - Notification to relevant persons

Under Section 2 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006, there is an obligation to advise other people that an application to operate an HMO is to be submitted. These are referred to as 'Interested Parties'.

The 'relevant people/interested parties' listed on the application form must be advised in writing that you have made this application. You can do this by either completing this form (photocopying it as many times as you need) or by providing them with a copy of the application form.  

Please take a photocopy of your completed 'Notification of Interested Parties' form and submit it with your application. 

 Part 8 - Declaration

Both you as the applicant, and the proposed licence holder must sign the declaration on this page of the application form.

 Part 9 - Payment of the licensing fee 

There are two parts to the licence fee; 

• the administration charge for the processing of the application and the cost of continuing administration 
• enforcement of the Licensing Framework once granted.

This part of the application form gives the applicant the option to pay the whole fee, or to pay the first part of the fee at the time of the application. If you choose to pay only the first part then if the licence is granted, you will need to pay the second part of the fee.

If the licence is granted and the second part of the fee is unpaid, the licence holder will be in breach of the licence condition and will be prosecuted. The licence may be revoked meaning the property cannot continue to be used as an HMO to house five or more people unless a new application is made, and licence granted.

If you choose to pay both parts of the fee and the licence is refused, then we will refund the second part of the fee.

Discount

When applications for multiple properties are made at the same time, the fee for the second and subsequent properties is reduced by £10 per property, in recognition that the Council does not need to repeat checks to confirm that the licence holder etc are fit and proper people.

 Notification

Notification of intention to apply for a licence to operate a house in multiple occupation.

Complete your notice of intention