Private rented property licence exemptions

Housing

There are two types of exemptions from the private rented property licence scheme.

Full exemptions Click to get info

The following property types are exempt from the private rented property licence and landlords do not need to make an application:

  • Where the property requires a mandatory house in multiple occupation (HMO) licence. These are properties that are of three or more stories and five or more tenants Properties where the council has taken action to close the property down
  • Where the tenancies or licences are granted by registered social landlords and housing providers, including most housing associations and the council. Also Tenancies or Licences granted by police, fire brigade or health service body
  • Where the tenancies and licences are subject to a prohibition order whose operation has not been suspended. (s.20/s.21 Housing Act 2004)
  • Commercial lettings
  • Premises that are licensed for alcohol consumption (not off licences)
  • Certain agricultural tenancies
  • University/ college accommodation occupied by students and controlled by the university / college
  • Where the owner or their relatives occupy a property on a long leasehold
  • Holiday homes and lets
  • Where a family member rents the property from you evidence will need to be provided, examples of this could be birth certificates or an affidavit
  • Long lease tenancies, where a landlord grants a lease document for a term of over 21 years to a tenant
  • Properties leased to a local authority on a private sector lease and used as temporary accommodation
  • Nightly let schemes let to a local authority and used as temporary accommodation

These are a sample of the most common exemptions, please contact us on 020 8496 3000 if you think you may be exempt, or alternatively you can seek independent legal advice.

Temporary exemptions Click to get info

You may be eligible for a three month temporary exemption in the following circumstances:

  • the property is in the process of being sold
  • the owner has given the tenants notice and the property will be sold
  • the owner of the property is moving into the property
  • the property is in the process of being converted into a commercial premises
  • if a licence holder has died the licence is terminated and a temporary exemption notice may be issued

Landlords of properties that are subject to licensing and which have been let for an extended period since the scheme began in April 2015 will not normally be granted a temporary exemption. A recent change in circumstances to one of the criteria above does not negate the historical legal requirement to hold a property licence in Waltham Forest.

If you think that your property may fall under one of the above criteria, you must make a temporary exemption application. Please be sure to include evidence, which will be reviewed at the council’s discretion and may be refused.