[2025] UKUT 233 (LC)

Part 2 of the 2004 Act provides for the licensing of HMOs. With certain exceptions, section 61 provides that every HMO to which Part 2 applies is required to be licensed. A temporary exemption from this requirement can be obtained if the person having control of the HMO notifies the local housing authority under section 62(1) that they intend to take steps to secure that the house is no longer required to be licensed.

Generally Part 2 applies only to HMOs of a prescribed description so only those are required to be licensed (section 55(1)), but by section 56 a local housing authority may designate the whole or part of its district as subject to additional licensing in relation to any description of HMO specified in the designation. If such a designation is made, Part 2 of the 2004 Act will also apply to HMOs of the specified description (section 55(2)(b)).

By section 72(1) of the 2004 Act a person commits an offence if they have control of or are managing an HMO which is required to be licensed under Part 2 of the Act but is not so licensed. Additional offences are provided by section 72(2) (knowingly allowing an HMO to be occupied by more persons than permitted by its licence) and section 72(3) (failure to comply with conditions).

Section 72 also provides as follows: