HMO Tower Hamlets

The London borough of Tower Hamlets covers much of the traditional East End. Formed in 1965 is was born from the merger of two existing boroughs namely Stepney, Poplar and Bethnal Green.

Originally ‘Tower Hamlets’ was an alternative for ‘Tower Division’ which was a historic borough. Situated on the North Bank of the river Thames this borough includes the redeveloped Docklands area.

The council has confirmed an Article 4 direction to remove the ability to get planning permission for changes of use from shops (A1 use class), financial and professional services (A2 use class), betting offices or pay day loan shops (including buildings where these uses are combined with residential) to a residential dwelling (C3 use class).

Mandatory Licensing

A HMO is a residential property where three or more persons who are not related live there and share facilities such as bathrooms – the Housing Act 2004’s Section 254, 257, and 258 define it this way. It may also be known as a ‘house sharing.’

A HMO could be a:

• The house has been split into separate bedsits.
• where the sharers are not members of the same family, for example, in a shared home or flat
• A bed-and-breakfast hotel that can accommodate all year-round not just short term holiday breaks.
• HMOs are also known as “dwellings in multiple occupation,” or “dwelling places of learning,” and are usually offered by landlords to university students who share accommodations (although several halls of residence and other forms of student housing provided by educational institutions are not classified as HMOs).

The borough has two current HMO licensing schemes: Mandatory and Additional Licensing. Additionally, Tower Hamlets also has a Selective Licensing Scheme.

Applying For The Licence

The application form for the Mandatory Licence is available online. Please read the guidelines to ensure that your application is submitted correctly.

Documentation Required

• A Gas Safety Certificate or Commissioning form is required for all houses.
• The electrical safety certificate or commissioning form must be completed.
• Floor layout plans.
• Certification of a fire detection and warning system’s commissioning or testing.

For the following people/organisations, you will need their full name, phone number, postal and email address:

• The license holder which must be an individual or a registered company on Companies House.
• Freehold owner
• Details of lease holder/s
• Property managers
• Those persons that collect rent
• The relevant mortgage company/s if there is a mortgage attached to the property
• The correct person that is responsible for all repairs

https://landlord-licensing.towerhamlets.gov.uk/PSH/ServiceRequests/Default/MyServicesLogin

The Fit and Proper Person Examination

The council will only grant a licence if they believe the proposed licence holder is trustworthy and competent, as well as the manager of the house.

The council may revoke the licence if they no longer consider the licence holder to be a ‘fit and proper person’, or if they feel that the house is not being managed by people who are also ‘fit and proper’.

This requirement is here to make sure that the people who will be running the licence and managing the property are good enough to actually do so. This way, the council can be confident that they won’t pose a risk to the welfare or safety of anyone living in the property.

Exemptions in place

The Housing Act 2004 provides exceptions to the licensing requirement in Schedule 14. In general, these include properties that are:

• under the supervision of a Local Housing Authority
• apartments or homes that are owned and regulated by social landlords and housing providers
• law enforcement-regulated and monitored
• operated and managed by the local fire brigade.
• under the control of a health body and is also managed by this body
• other enactments are in place
• religious community inhabited properties (other than section 257 HMOs)
• dwelled in by two people who actually form two households

It’s critical to verify whether the property is exempt before submitting an application.

In some circumstances, you may be temporarily exempt from licensing requirements. Note that this exemption only lasts for three months.

The landlord must notify the council if the property no longer requires a license, for example:

• if they are selling it to the occupants
• if the occupants have given notice to leave the property

If the premises is currently vacant or occupied by the owner, and the landlord plans to maintain it that way, an exemption isn’t necessary.

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