Simplifying Property Compliance for landlords, freeholders, letting agents, and property professionals. 

Navigating property licensing and planning requirements can be a challenge, especially with varying rules across different local authorities. At Yuno, we specialise in providing tailored licensing, planning and compliance solutions specific to each local authority. Whether you are a landlord, letting agent, BTR or any letting professional, we ensure you stay compliant and all your properties meet legal requirements end-to-end.

Whether it’s property, HMO, or short-term, we ensure that local authority licensing, planning, or any other property compliance is met, and we make the process straightforward and stress-free.

Yuno has created this UK mainland localised compliance for your reference so you can stay up to date; just navigate to your relevant council. We try our best to keep the website up to date. However, it is not always possible to update it on time with ever-changing legislation, on average every nine days, so there will also be a last update date for your reference. The Yuno complex compliance system is, however, always 100% up to date, so if you want to know if your property is specifically affected, then please use our system to check and stay compliant with our Property MOTs.  

What Is Property and HMO Licensing & Planning Permission?

Licensing refers to the specific rules and regulations set by councils to ensure that rental properties meet safety, health, and housing standards. Planning looks to control the number of properties let in a particular way in a specific area for the good of the local community. These requirements can vary significantly between locations, depending on factors such as housing demand, property types, and tenant demographics.

Licensing can include:

• • Mandatory HMO Licensing: In England and Wales, this applies to Houses in Multiple Occupation (HMOs) (254 HMOs only) rented to five or more tenants from two or more households, sharing facilities like kitchens or bathrooms. In Wales only, the property must be 3 or more stories, and in England only, there is an exemption for flats that have 3 or more flats in a purpose-built building.  Exclusions apply.
  • Additional HMO Licensing: This extends licensing requirements to all 254 HMOs not covered by Mandatory licensing schemes and can also cover 257 HMOs, which are converted buildings that meet specific criteria. These schemes are introduced in areas where there are increased safety concerns in HMOs, poor housing conditions, or where poor management practices are prevalent. Exclusions apply.
  • Selective Licensing: Covers all private rental properties in designated areas, whether a single person, a family or an HMO that is not covered under Mandatory or Additional HMO Licensing. Selective licensing is typically introduced to address issues such as anti-social behaviour, low housing demand, or high levels of deprivation.  Exclusions apply.

• Short-term Let Licensing: This will generally apply when you let out as a holiday let, any definitions apply to this based on the country you are in.

• HMO Licensing: Scotland HMO Licensing applies to their definition of an HMO, which is 3 or more tenants with 3 or more households. Exclusions apply.

Planning can include:

• England and Wales can have Article Directive for (Section 254) HMOs: For smaller (Section 254) HMOs (3 to 6 tenants) a change of use from a single dwelling house (use class C3) to a small HMO shared by 3 to 6 unrelated residents (use class C4) often does not need planning permission as change happens under permitted development. However, local planning authorities have the power to bring in an Article 4 direction under the Town and Country Planning Order 2015. This removes the permitted development rights and therefore requires the landlord to gain planning permission to convert their property from C3 to C4. Article 4 can be applied borough-wide or to specific areas/streets/wards within a borough and differs from council to council. (This applies in England, Wales always requires a planning application for all change of use from C3 to C4 (Section 254) HMO’s). If you are already running an HMO before this directive comes in, then you may not need to apply for Article 4 planning permission, though always consult an expert.

For immediate and non-immediate schemes, usually, planning departments consult and then implement, but they can implement immediately. Though this only lasts for 6 months, they must follow due process to extend. 

• England and Wales have Sui Generis planning permission for HMOs: This will generally always be required for large (Section 254) HMOs of 7 or more tenants with a “material change of use”.
• England, Wales and Scotland have Short-Term Let planning permission: This will generally apply when you let out as a holiday let, any definitions apply to this based on the country you are in. The requirement varies based on location, for example, London’s 90-day rule and Edinburgh’s controlled zone.
• Scotland HMO Planning Permission: This is generally required for any HMO; an HMO in Scotland is 3 or more tenants with 3 or more households.
• Lawful Use/Development: If you have the evidence and meet the requirements, you can apply for Lawful use

Understanding the nuances of local authority licensing and planning is essential to ensuring your properties are legally compliant and avoiding potential fines.

Understanding Your Legal Responsibilities

• • Responsibility: Responsibility is with the Landlord, letting agents and property managers: Anyone that can be proven to be the Persons Managing and Persons in Control (Part 263 Housing Act 2004), can be held legally accountable for operating a licensable HMO
  • Know the Rules: It is your responsibility to ensure you are uop date with the local council legislation, not knowing is not an excuse,Yuno is here to help you determine if your property requires a Property, Short-Term Let or HMO licence. This is crucial because licensing requirements can vary depending on the location, type and occupancy and are specific to each local authority.
  • Fit and Proper Person: Landlords/Freeholders, their property manager/agent, and anyone else considered to be ‘persons managing’ or ‘persons in control’, must be considered a ‘fit and proper’ person to manage the property, meaning you should have no relevant criminal record or breaches of landlord laws.
  • Renew your licence: It is important to note that a property or an HMO licence has a maximum validity of 5 years and must be renewed before it expires. You need a separate licence for each property where it is required. 

• Transferring a Licence: You can’t transfer a property or HMO Licence to another person; a new application must be submitted.

Why Meeting Local Requirements is Important

Failing to meet local licensing requirements can have serious risks and consequences, including:

• Fines and Penalties: Non-compliance can result in hefty fines or prosecution.
• Rent Repayment Orders: Landlords operating unlicensed properties in HMOs may also be subject to rent repayment orders, where tenants can claim back up to 12 months’ worth of rent.
• Damage to Reputation: Non-compliance can harm your standing as a landlord, agent or property professional.
• Disruption to Tenancies: Breaching regulations may lead to tenant disputes or property restrictions and can even impact your ability to terminate tenancies in England and Wales. 

On the other hand, adhering to local authority licensing and planning regulations brings significant benefits:

• Tenant Safety: Ensures properties meet health and safety standards, protecting tenants. Landlords have responsibilities regarding fire safety, including fitting and testing smoke alarms and carbon monoxide alarms. Councils use the Housing Health and Safety Rating System (HHSRS) to ensure properties are safe and may conduct random inspections and are generally required to inspect at least once in the 5-year licensing term.
• Legal Protection: Reduces the risk of legal challenges or enforcement action by the local housing authority. Councils have the power to issue improvement notices and take other enforcement actions if hazards are found. Landlords have a duty to take action on enforcement notices and the right to appeal them.
• Property Value: Compliance can enhance the marketability and value of your properties.

Expert Guidance for Licensing and Planning Applications

At Yuno, we provide comprehensive support to simplify the entire licensing, planning and compliance process end-to-end. Here’s how we help:

• Application Support: We take the entire licensing and planning application process, ensuring all forms and documentation are accurately completed and submitted.
• Compliance Reporting: Our team reviews your property portfolio to identify areas requiring attention, helping you meet all local authority standards, which might include ensuring the house is suitable for the number of occupants and that the property manager is ‘fit and proper’. You might also need to provide updated gas safety certificates annually and safety certificates for electrical appliances when requested.
• Tailored Consultations: We provide personalised advice based on the specific requirements of your local council, helping you navigate the complexities of licensing with ease. This is crucial because even for smaller properties, a licence might be needed depending on the area.
• Ongoing Monitoring: Stay ahead of regulatory changes with our data-driven insights and updates tailored to your properties.
• Proactive Communication: At Yuno we will keep you informed in plenty of time to prepare for any changes in licensing by your local council.  We’ll also advise you of any action you will need to take.

With Yuno’s expertise, landlords and property professionals can navigate local authority licensing with confidence and ease, saving time and avoiding costly mistakes.