Temporary Exemptions for Property Licensing

There will be certain circumstances where a property requires a property licence now but may not require one within next three months. This could be due to a variety of reasons, such as the pending sale of the property, or no longer renting the property.

If this is the case, the owner or landlord will have to apply for a Temporary Exemption Notice (TEN). This is so the property can operate lawfully without making a full property licence application and without paying the fees. We do not charge for a Temporary Exemption Notice.

To issue a Temporary Exemption Notice, it must be the landlord or owners’ intention to take particular steps with a view to securing that the house is no longer required to be licensed within a maximum of three months.

The Council has the power to issue a Temporary Exemption Notice for up to three months only.

If the landlord or owner believes the premises will require an HMO or Selective Licence after this first Temporary Exemption Notice expires and they believe there are exceptional circumstances, the landlord or owner must contact the Council to make a second Temporary Exemption Notice application. This must be made before the expiry of the first Temporary Exemption Notice and further evidence must be provided to the Council to consider a second Temporary Exemption Notice.

This second Temporary Exemption Notice is not issued automatically on the expiry of the first Temporary Exemption Notice.

The second Temporary Exemption Notice will begin from the date of expiry of the first Temporary Exemption Notice, and so may be backdated.

Please note: The Council can legally issue only two Temporary Exemption Notices. If after either Temporary Exemption Notices expire and if the property is still licensable, the landlord or owner must apply and pay for a full property licence.

If after the Temporary Exemption Notices expire, and the property is still licensable but there is no licence application or licence in place, it is deemed an offence of failing to licence a property. The penalties are,

• A financial penalty of up to £30,000
• If convicted in Court, you would be liable to an unlimited fine.
• Tenants could apply for a Rent Repayment Order, which will legally require the landlord or owner to pay the tenant/s the equivalent of 12 months rent.

 

Apply for a Temporary Exemption Notice ​

What happens after I apply?

The Council will consider your submission and notify you of our decision in writing within 28 days of your application. The Council may also request further information.

If the Council agrees to issue you a Temporary Exemption Notice, a written notice will be sent to you.

If the Council decides to refuse your application, you will be notified of the reason in writing.