What this covers
Why you need it
Parliament created it. The power to require it comes from Housing Act 2004.
What the Act carries
What our graph holds for Housing Act 2004 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 41
- Penalties
- 20
- Exemptions
- 32
Duties on businesses under the Act
- Comply with mandatory licensing conditions for HMOs and rented properties Schedule 4
- Fail to comply with improvement notice s.30
- Fail to comply with a prohibition order s.32
- Use premises in breach of a prohibition order s.32
- Fail to comply with court order allowing housing improvement work s.35
- Fail to comply with court order to allow action on premises s.35
… and 35 more business duties in the same Act.
What happens if you get it wrong
- Intentionally alter a document required by law 2 years imprisonment
- Harass mobile home occupier or withhold services 2 years imprisonment
- Prevent new resident over‑occupancy and mixed‑sex bedroom use Unlimited fine
- Comply with overcrowding notice for HMO Unlimited fine
- Fail to comply with court order allowing housing improvement work Unlimited fine
… and 15 more penalties in the same Act.
Exemptions that may take you outside it
- Appeal rights for licence holders and relevant persons — The licence holder or any relevant person may appeal against a decision to vary/revoke a licence, or to refuse to …
- Buildings regulated under other legislation exempt from Housing Act — Building's occupation is regulated under other legislation and is of a description specified in regulations made by the appropriate national …
- Buildings with exactly two tenants from two households exempt from HMO rules — Exactly two occupants forming two separate households
- Buildings with two households exempt from HMO licensing — The building is occupied only by two persons who form two households
- Certain deposit notice exempt from 2-day receipt rule — The notice is the one mentioned in paragraph 6A(2) of Schedule 10 of the Housing Act 2004
… and 27 more exemptions in the same Act.
Read our full dossier on Housing Act 2004
Who issues it
Your local council issues this. Councils apply the same statute but set their own fees, conditions and timescales.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.