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Frequently Asked Questions

Can the Council refuse to grant a HMO licence?

If the property is not deemed suitable to be licensed, e.g. all rooms are too small, or if the landlord or manager is not a 'fit and proper person', the authority may refuse to license the property.

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The landlord or manager will be given the opportunity to put forward an alternative licence holder who does meet the 'fit and proper person' test.

If no alternative person is put forward or if there is no reasonable expectation that a licence can be granted, the Authority may issue an Interim Management Order (IMO), which allows it to step in and manage the property with the owner keeping their rights as the owner. The order can last for up to a year until more suitable permanent management arrangements can be made. If the IMO expires and there has been no improvement, then the Authority is within its powers to issue a Final Management Order (FMO). This can last up to five years and can be renewed.

The landlord, manager or person having control of the property may appeal if the Council decides to:

  • Refuse a licence
  • Grant a licence with conditions
  • Revoke a licence
  • Vary a licence
  • Refuse to vary a licence

Making an Appeal

Appeals must be made to the First-tier Tribunal (FtT), within 28 days.

First tier Tribunal (Property Chamber), Havant Justice Centre, The Court House, Elmleigh Road, Havant, Hants, PO9 2AL.

Tel: 01243 779 394                

Fax: 0870 739 5900

Email: rpsouthern@hmcts.gsi.gov.uk

Website: http://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber