Property Licensing Exemptions
Some properties are exempt from the requirement of Property Licensing as set out in national legislation and associated regulations.
Property licensing schemes within Newham follow these national exemptions.
Exemptions
Exemptions from the Council’s selective licensing scheme, which operates in all wards except Royal Victoria & Stratford Olympic Park, are detailed in the approved lb-public-notice (PDF)
Examples include:
- Buildings controlled or managed by a Local Housing Authority
- Buildings controlled or managed by Police.
- Buildings controlled or managed by fire brigade
- Buildings controlled or managed by Health Service Body
- Certain University/College accommodation occupied by students
- Where the owner or his relatives occupy a property on a long leasehold
- Where landlord lets to certain relatives
- Holiday Homes
- Where landlord/licensor or his relative lives at the property and shares facilities with a maximum of two lodgers
Exemptions from the mandatory HMO licensing scheme are set out in schedule 14 of the Housing Act 2004 and associated regulations.
Exemptions from the Council’s additional licensing scheme, which operates in all wards except Royal Victoria & Stratford Olympic Park are detailed in the approved Public Notice Designation of an Area for Additional HMO Licensing (PDF)
If your property meets the requirement of ‘full exemption’, please complete a Declaration form (PDF) and email to propertylicensing@newham.gov.uk for further assessment. Please provide any required documentation to support your claim.
Temporary Exemption Notice (TEN)
Since a temporary exemption notice (TEN) can only last a maximum of three months, any action expected to take longer than three months are not suitable to a TEN. You will be required to apply for a licence online here Apply for a property licence – Rented property licensing – Newham Council
A Temporary Exemption (TEN) provides an exemption from the need to licence a property for a temporary period of up to three months. They are intended to allow landlords who have unexpectedly found that their property needs a licence a short period of exemption from that requirement so that they can put the situation right. A TEN is not an alternative to licensing; if a landlord needs a licence then they should seek one.
A temporary exemption from the requirement to licence may be issued at the discretion of the Council, if the applicant ‘notifies the Council of their intention to take particular steps’ to secure the property ceases to be licensable. The Council needs to be satisfied that there is a firm intention that the property will cease to be licensable within three months and there must be evidence of the steps being taken to ensure it is achieved.
Examples might include evidence of the following:
(i) the property is on the market for sale with vacant possession;
(ii) evidence that the applicant intends to occupy the property as his/her own home in single occupation;
(iii) proposed change of use of the property from residential to some other use;
(iv) planning permission to convert a HMO into a single dwelling house.
Please note it is a criminal offence to let a property that is required to be licensed without applying for a licence. There is a range of sanctions that could be applicable depending on the individual circumstances; these are detailed below:
- Failure to apply for a licence can lead to a fine of an unlimited amount on conviction.
- An unlicensed landlord is not able to use the section 21 Possession Procedure. The section 21 procedure entitles them to regain possession of the property without a court hearing, following the service of a valid notice giving the tenant at least 2 months’ notice.
- For any period where an unlicensed property is being privately rented, an application can be made to the Residential Property Tribunal for a Rent Repayment Order. This could mean a landlord having to repay up to 12 months of rent.
Apply for a Temporary Exemption Notice (TEN)
The council will review TEN applications on a case-by-case basis and will communicate their decision to the applicant in writing. Only the owner or person in control of the property can submit an application for a temporary exemption.
To apply for a temporary exemption from licensing, complete the notification of temporary exemption form. You must provide a detailed explanation supporting your request, including the steps you intend to take. Supporting evidence, such as County or High Court correspondence, a copy of a death certificate, or confirmation of sale, must be attached to the application.
In exceptional circumstances, a temporary exemption can be renewed for an additional three months upon further application to the council. This application must be made before the existing temporary exemption expires, and additional evidence must be provided for the Council to consider the renewal.
Before you apply, read our guide to temporary exemption notices (PDF).
Apply for a temporary exemption notice (TEN)
If you are unsure if your property is exempt, or requires a temporary exemption notice, please view our FAQs (PDF) which includes a series of questions that are commonly asked by Newham Landlords, Licence Holders and Managing agents or please contact us.
Alternatively, you may wish to seek independent legal advice.
