Newark & Sherwood District Council

If you rent out a property for a house in multiple occupation (HMO), you may require a licence from the council. This is a house which is occupied by persons who do not form a single household and who may share one or more of the home’s facilities. Examples include bedsits, flats, shared houses and some properties occupied by students.

The Housing Act 2004 introduced a mandatory licensing scheme for larger HMOs to improve controls and conditions within these high risk dwellings.

The act also allows selective licensing of other smaller properties in certain designated areas. Currently there is no such additional scheme operating in Newark and Sherwood.

A property is likely to require a licence if all of the following applies:

• Three or more storeys in height
• Five or more occupants who do not live in one household
• Shared facilities, such as kitchens, common rooms or bathrooms
• Not owned by a housing association or registered social landlord (RSL)

After receiving your application, we will usually carry out a visit to assess the property under the housing health and safety rating system. This will determine whether there are any hazards that require action and that the property meets certain standards in relation to facilities and amenities.

The licence gives the holder permission to operate the HMO for which the licence is held. Licences can last up to five years and will have ongoing conditions to be met. The licence cannot be transferred to another person or relate to more than one property.

Planning permission

Some larger houses will also now require planning permission. For further advice contact the council’s planning service.

Fire Safety in HMOs

Fire safety is an important factor when assessing the standards present in HMOs. Landlords must ensure they provide an adequate fire detection system, fire separation and emergency lighting provisions.

National guidance is available that provides advice on how to keep residential buildings safe from fire and how to carry out a fire risk assessment.

Eligibility

To be eligible for a licence, you must make an application to the council, enclosing the correct fee. You must be a fit and proper person to hold the licence.

Application Evaluation process

Licences will be granted if we are satisfied that:

• The landlord is a ‘fit and proper person’ i.e. that they are a good landlord who complies with all necessary regulations
• The property is suitable for occupation by the number of persons specified in the licence
• The landlord has suitable management arrangements in place
• The property is being kept to the required standards and there are adequate means of escape if there's a fire

Application for a HMO licence

If you would like to apply for a licence for your property please use the application form and guidance notes. This should be completed and returned to us at Newark and Sherwood District Council, Kelham Hall, Kelham, Newark, Notts. NG23 5QX.

Tacit or inferred consent does not apply, if you do not here from us, in the interest of public safety. We must deal with your application before a licence is granted. The application and consultation period lasts 2 to 3 months. If you have not heard anything in 3 to 4 weeks from the date of application, please contact us.

Failed application or licence holder redress

If you have any complaints, please contact Newark and Sherwood District Council in the first instance. You can appeal to a Residential Property Tribunal. Any appeal must be made within 28 days of the decision being made.

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