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Licensing for houses in multiple occupation

What is mandatory licencing, what are the penalties for failing to have a licence, how to apply and the cost, what you need and how to get a temporary exemption notice.

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What is mandatory licensing of houses in multiple occupation?

Since April 2006, landlords who let certain types of houses in multiple occupation (HMO) have been required to have a licence. Licensing was introduced to improve management and standards in houses in multiple occupation because these kinds of houses pose greater fire risks and there can also be problems because of people having to share facilities.

Under the national mandatory licensing scheme, the definition of an HMO which must be licensed is one that has 5 or more people, forming 2 or more households, who are sharing facilities such as toilets, bathrooms and kitchens regardless of the number of storeys.

Buildings that comprise only of fully self-contained flats, including purpose-built flats, are exempt from licensing requirements. However, where amenities are not fully self-contained, whether shared or exclusively used, the property may require a licence if it meets the criteria for mandatory licensing.

If you are unsure about whether you may own an HMO or whether it requires a licence, please contact the private sector housing team:

Email: private.sector.housing@eastriding.gov.uk

For further advice you can:

Request a service from private sector housing

What are the penalties for failing to have a licence?

A landlord operating a licensable property without a licence risks prosecution with an unlimited fine, or a civil penalty up to £40,000.

It also gives tenants and the council, in the case of housing benefit payments, the ability to reclaim all rent paid over the preceding two years.

How do I apply for a licence for a house in multiple occupation?

Anyone who owns or manages a house in multiple (HMO) that requires a licence should apply to the council. There will be a fee to pay for the licence.

The council will aim to process all valid licence applications within 30 days of receipt.

If your existing licence is due to expire, you should apply to renew it at least 8 weeks before the expiry date to allow time for processing and avoid a gap in cover.

HMO licence applications are not subject to deemed consent, and a licence will only take effect once the council has formally assessed the application and issued a decision.

Applications can be made either by:

Apply for a house in multiple occupation (HMO licence)

or by completing the following appropriate application form and returning it to the address found on the form.

The House in Multiple Occupation Licensing Policy should be read alongside the:

Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 (external website)

Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 (external website)

Housing Act 2004 (external website)

For further advice please make an enquiry online.

Alternatively, you can contact the council:

Email: private.sector.housing@eastriding.gov.uk

What do I need to make a licence application?

When you apply for a licence you will need to provide the following documents and guarantees:

  • produce a valid gas safety certificate annually, where appropriate
  • keep all electrical appliances and furniture in a safe condition
  • prove that all smoke alarms are correctly positioned and in working order
  • provide all occupiers with a written statement of the terms on which they occupy the property, often known as a 'tenancy agreement'
  • a Basic Disclosure certificate which gives details of an individual's criminal convictions, or state that they have none. Further information on how to obtain a 'Disclosure' certificate can be found on the GOV.UK website:
    GOV.UK - Request a basic DBS check (external website)

The licence cannot relate to more than one property or be transferred to another person. It will last for a maximum of 5 years and will specify the number of people who may live in the HMO.

How do I apply for a variation to a licence for a house in multiple occupation?

You can use the following form to apply for a variation to an existing licence, including transferring a licence or changing conditions.

Apply for a variation to an HMO licence

Applications for a variation of a licence are made under section 69 of the Housing Act 2004.

Certain conditions are required by law, but other changes can be made to the licence, such as changing the licence holder or a number of occupants.

What happens next? Read more:

What happens next? Read more:

Once received, your application will be considered, along with any representations made. If necessary, we may ask for further information, or visit the property and discuss alternative options with you. Applications are normally processed within 6-8 weeks.

Once a decision has been made you will receive a notice from the council informing you of the changes.

How much does a licence cost?

HMO licence fees consist of two parts, reflecting the different costs the council incurs at each stage of the licensing process.

The first stage fee is the cost of processing and validation your application. The second stage is to cover the costs of running and enforcing the scheme. For convenience, applicants can pay both parts at the time of application. However, if you wish would pay two separate fees, please contact us and we will advise you on how the payments may be made.

Email: h.licensing@eastriding.gov.uk

If full payment is received with the application but the application is unsuccessful, the second part of the fee will be refunded. The first part of the fee is non-refundable once the application is validated, regardless of the outcome.

Fees and charges effective from 1 April 2026

Fees and charges effective from 1 April 2026

New application fees

  • 1-year HMO licence1: £214 + £296 = £510.00 for 5-bedroom property PLUS £25 per additional bedroom
  • 5-year HMO licence: £506 + £699 = £1,205.00 for 5-bedroom property PLUS £25 per additional bedroom.

Renewal application fees

  • 1-year HMO licence1: £214 + £296 = £510.00 for 5-bedroom property PLUS £25 per additional bedroom
  • 5-year HMO licence: £426 + £589 = £1,015 for 5-bedroom property PLUS £25 per additional bedroom.

Other fees and charges

  • Pre-application advice visit. Fee includes for 2 hours (additional hourly rate to be applied as required.): £240 (inc VAT)
  • Replacement licence: £45.

Should you need further advice on the fee you should pay, please email: h.licensing@eastriding.gov.uk.

Please note: 1 Where an HMO is found operating without a licence, or there is a history of management concerns or non-compliance issues, a 1-year licence may be issued by the council.

How long will it take to issue my licence?

Once received, your application will be considered, along with any representations made. If necessary, we may ask for further information or visit the property.

We expect to process new and renewal applications and variations to an existing licence with 30 days from receipt of a valid, complete application.

These timescales apply from the point we receive a valid and complete application, including, the correct fee and all required supporting documents. If your application is incomplete, we will contact you to request the missing information.

If we are unable to meet this timescale, for example, because we need to inspect the property, or for further information be required, we will contact you with an update and a revised expected timescale. If you have not heard from us within the stated timescale, you can contact the private sector housing team to check progress:

Email: h.licensing@eastriding.gov.uk.

Once a decision has been made, you will receive a decision notice from the council confirming the outcome, any conditions attached to the licence, and where relevant your right of appeal.

What amenities and space standards do I have to provide in my licensable house in multiple occupation?

Landlords must ensure the house in multiple (HMO) has rooms of a reasonable size and has enough bathrooms, cooking facilities and toilets for the number of people living there. The amount of amenities needed will depend on the type of property and the number of occupants living at the property.

The following PDF document provides guidance on the amenity and space requirements for houses in multiple occupation:

The following PDF document sets out the conditions applicable for licensable HMO properties:

Additionally, the document below sets out the new mandatory HMO Licence conditions that landlords and officers have regard to since 1 October 2018, it also provides details for the refuse scheme which licenced HMOs need to comply with:

What if I disagree with a licensing decision?

If the council refuses your licence, grants a licence subject to conditions you disagree with, or revokes or varies a licence, you have the right of appeal.

Appeals against HMO licensing decisions are made to the First-tier Tribunal (property Chamber), not the to the council. You must lodge your appeal within 28 days of the date of the council’s decision notice.

Your decision notice will set out:

  • the reasons for the decision
  • your right of appeal
  • the deadline for appealing.

Further information on how to appeal, including the appeal forms, is available on GOV.UK:

GOV.UK: Appeal a licence decision (external website)

If you are unsure whether a matter is appealable or wish to discuss a decision informally first, contact the private sector housing team:

Email: h.licensing@eastriding.gov.uk.

How do I get a temporary exemption notice for my house in multiple occupation?

If you manage or control a licensable HMO and plan to take steps to stop it needing a licence, you must tell the council and can apply for a temporary exemption.

A Temporary Exemption Notice (TEN) temporarily exempts a licensable property from the licensing requirement. The council can issue one if it is satisfied that you are taking the steps needed to make the property no longer licensable. Examples include the property is sold subject to contract or the tenants have given notice of their intention to vacate the property.

A TEN is normally only granted for 3 months. In exceptional circumstances, the council may on request, issue a second and final TEN for a further 3 months.

You can apply online:

Apply for a Temporary Exemption Notice

What are the compliance monitoring and enforcement arrangements?

The council encourages landlords to provide accommodation that is safe, well managed, and maintained to a good standard for tenants. Wherever possible, the council will work with landlords informally to achieve compliance and improve housing conditions before formal action is considered.

We monitor compliance with HMO licensing through a combination of:

• inspections carried out during the life of a licence, to check the property continues to meet the required standards and licence conditions • investigation of complaints or reports from tenants, neighbours, or other agencies • proactive identification of unlicensed HMOs.

Failure to obtain a licence for a licensable HMO, or breach of any licence condition without reasonable excuse, constitutes an offence. The council may take enforcement action where a landlord fails to apply for a licence or does not comply with the conditions attached to a licence.

Any enforcement action will be undertaken in accordance with the council’s House in Multiple Occupation Policy, Private Sector Housing Enforcement Policy, and the council's Public Protection Enforcement Policy. The council adopts a proportionate and graduated approach to compliance, supporting HMO owners and managers to understand and meet their legal obligations and responding appropriately to any breaches identified.

However, where non-compliance creates a risk of serious harm, results from deliberate unlawful behaviour, or involves a failure to remedy a significant problem or breach after it has been identified, the council will take robust enforcement action.

Enforcement action may include prosecution or the imposition of a civil penalty. Any civil penalties will be issued in accordance with the East Riding of Yorkshire Civil Penalty Policy for Housing Act Offences.

Further information is available on Compliance and enforcement.

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