A Temporary Exemption Notice (TEN) can exempt a property from HMO licensing for up to 3 months. In exceptional circumstances, this can be extended for a further 3 months.
You can apply for a TEN if the property is changing and will no longer need a HMO licence or will be licensed in a different way. This right is under Section 62 of the Housing Act 2004.
If the property is empty, you do not need a TEN because empty properties do not need an HMO licence.
Eligibility for a Temporary Exemption Notice
You may be able to get a TEN if:
- the property is being sold and contracts are due to be exchanged within the next 3 months
- the property will be converted into a single family home or commercial premises
- you're reducing the number of people living in the HMO to fewer than 5, so a HMO licence is no longer needed
- tenants have been given notice to leave within the next 3 months and the property will no longer be let as a HMO
- you have another valid reason why the property needs a temporary exemption.
There's no fee to apply for a TEN.
Apply for a Temporary Exemption Notice
Only the HMO licence holder or the property manager can apply.
To apply for a TEN you'll need:
- the property address
- your name, address and contact details
- your role, for example the licence holder, property owner or managing agent
- information about the property including the number of occupants, households and shared facilities
- evidence showing why you need a TEN and what steps you're taking to stop the property needing an HMO licence.
Apply for a Temporary Exemption Notice
After you apply
We'll review your application and information provided. We'll contact you by email if we need anything else.
If we have all the information we need, we'll usually make a decision within 4 weeks.
If we approve your application
If we approve your application, we'll send you a Temporary Exemption Notice in writing. The notice is valid for 3 months from the date it is issued.
If we refuse your application
If we refused your application, we'll write to you to explain our decision and the reasons for it.
If you disagree with our decision, you can appeal to the First-tier Tribunal (Property Chamber) within 28 days.
When your Temporary Exemption Notice expires
When your first 3-month exemption ends, you have 3 options:
- provide evidence that the property no longer needs a HMO licence
- apply for a HMO licence if the property still needs one
- apply to extend the TEN for a further 3 months if you have an exceptional reason.
How to provide evidence
If you're sending evidence that the property no longer needs a licence, email hmo@medway.gov.uk and include:
- the property address
- the TEN reference number.
How to extend a Temporary Exemption Notice
In exceptional circumstances, you can apply to extend your TEN for another 3 months.
To apply, you'll need to submit a new TEN application and provide additional evidence to support the extension.
We'll assess the application in the same way as we did for the first extension. If we refuse your application, you'll have the same right to appeal.
If we approve your application, your TEN will be extended.
A TEN can only be extended once. When the extension ends, you must either:
- provide evidence that the property no longer needs a HMO licence
- apply for an HMO licence if the property still needs one.