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If you rent out a property for house in multiple occupation (HMO), you may require a licence from your local authority.

A licensable HMO is a house with three or more storeys, and with five or more people living there, in two or more households.  In some cases a maisonette in a house or above commercial properties may need a licence if similarly occupied. 

It is an offence to operate a licensable HMO without a licence.  Tamworth Borough Council will consider prosecution and use of rent repayment orders to recover housing benefit payments for an unlicensed, licensable HMO if the HMO has been discovered through investigations.

The licence makes sure that the property is safe and meets basic occupancy standards, for example, has enough bathrooms.

Working out what counts as a storey in a house can sometimes be complicated.  Basements and attics count, as do mezzanine floors.  Sometimes other parts of the building such as shared stairs can count as a storey as well.  If you are in any doubt please contact us and we will help you determine whether your property needs licensing.

What if it's a family that lives in the house?  The house only needs a licence if there are two or more households (people who are unrelated) living there.

If a property is licensed it means that it needs to meet certain standards to ensure that it is safe.  Click here to see Tamworth Borough Council's HMO standards.  For example, you are 16 times more likely to have a fire in a three storey HMO than in other types of property. 

The person managing the property also needs to follow the management requirements given in the Managment of Houses in Multiple Occupation (England) Regulations 2006 (OPSI website) and the amendments of these regulations in The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 (OPSI website) and the Management of Houses in Multiple Occupation (Management) (England) Regulations 2009 (OPSI website). 

The person managing the property must be a fit and proper person  which means that the property will be well managed.

Upon completion of your application you will be required to confirm that you:

a) have read fully and understood the contents of this form and any supporting information and agree to the terms and /or conditions set out within;

b) understand that by submitting this application, you consent to Tamworth Borough Council passing on the data within this application and its supporting documents to any authority or person that will assist its determination of this application, or as required by law;

c) declare that the information provided is true to the best of your knowledge and belief;

d) understand that if any false information is provided you may be guilty of an offence and liable to prosecution;

e) understand that if the application is authorised you must inform the authority about any changes to circumstances that mean you no longer meet the conditions for the authorisation;

f) understand where a statutory declaration has been provided it may be forwarded to the Police.

The fee for a five bed-space house is £574.80.  Add £37.79 for every bedspace above five.

For example, the fee for a six bedspace house is £612.59 and the fee for a seven bed-space house is £650.38

The fee for a five bed-space house consists of £385.85 for administration of the application and £188.95 for enforcement.  The additional bedspace fee of £37.79 consists of 50% administration fee and 50% enforcement fee.

The enforcement fees will be refunded if your application is not successful.  

A refund of 20% of the licence cost will be given to the applicant if:

- All the mandatory attachments (see section below entitled "Attachments to be submitted with your application") are provided at the same time as your application form; and

- your application form is satisfactory; and

- your application is submitted within 28 days of the application form being dispatched to you.

Applications must be made to Tamworth Borough Council.

Tamworth Borough Council must grant the licence if each of the following circumstances are met:

a) the property is an House in Multiple Occupation requiring a licence in accordance with mandatory licensing required by Part 2 of the Housing Act 2004;

b) the Council is satisfied that subject to the conditions identified within the proposed licence, the property is suitable for occupation by the number of persons and number of households identified within the proposed licence;

c) that the proposed licence holder is a fit and proper person;

d) the proposed licence holder is the most appropriate person to hold the licence;

e) the person managing the property will be the proposed licence holder, and

f) subject to the conditions of the licence the management arrangements are satisfactory.

A summary of the regulation relating to this licence can be found here:

A summary of the regulation relating to this licence (Communities website).

You may wish to read the guidance notes before completing the application on line:

Guidance notes for completing the online HMO application form (pdf)

The following supporting documents are required and should be uploaded with your application:

a) Evidence of permanent residential address of proposed licence holder (mandatory)

b) Building Regulations completion certificate (if applicable)

c) Evidence of Planning Consent (if applicable)

d) Current fire alarm test certificate (mandatory)

e) Current emergency lighting system test certificate (mandatory)

f) Service contract for alarm and fire systems (mandatory)

g) Current landlord's gas safety certificate (mandatory for properties with gas appliances)

h) Most recent periodic test certificate for the electrical installation (mandatory)

i) Most recent Portable Appliance Test certificate (PAT) (if applicable)

j) Fire safety risk assessment (if applicable)

k) Property plan (mandatory)

Online facilities available through the national Business Link portal:

Apply for a house in multiple occupancy licence 

You can tell us about a change to your existing House in Multiple Occupancy Licence here  

If you do not wish to apply on line you can download an application form, complete and submit it to Tamworth Borough Council together with the appropriate fee and items listed above in the section entitled "Attachments to be submitted with your application":

Word version:

House in Multiple Occupation Application Form (word)

Fit and Proper Person Form (word) (This form only needs to be completed if you answered 'Yes' to any of the questions 2.8 to 2.13 in the House in Multiple Occupation Application Form).

Guidance on completing the application form (word)

PDF version:

House in Multiple Occupation Application Form (pdf)

Fit and Proper Person Form (pdf) (This form only needs to be completed if you answered 'Yes' to any of the questions 2.8 to 2.13 in the House in Multiple Occupation Application Form).

Guidance on completing the application form (pdf)

Licences will be granted if:

a) the house is or can be made suitable for multiple occupation;

b) the applicant is a fit and proper person and the most appropriate person to hold the licence;

c) the proposed manager has control of the house, and is a fit and proper person to be the manager;

d) the management arrangements are satisfactory.

Following receipt of a completed application, the property will need to be inspected before the application can be processed and a licence application determined.

Once the property condition has been judged satisfactory, Tamworth Borough Council will determine the application within 30 calendar days.

Tacit consent does not apply.  It is in the public interest on the grounds of public safety that Tamworth Borough Council must process your application before it can be granted. 

If you have not heard from us within a reasonable period, please contact us.  You can do this online if you applied through the UK Welcomes service (Business Link website) or use the contact details below.

If your application for a House in Multiple Occupation licence is refused Tamworth Borough Council will notify you in writing of the decision at the earliest opportunity.  The notification will include the reasons for refusal and the matters necessary to satisfy the legal requirements. 

Please contact Tamworth Borough Council in the first instance.

You may appeal to a Residential Property Tribunal (website) if your application is refused.  The correspondence sent with your notification of refusal will explain how to submit an appeal.  Any appeal must be made within 28 days of the decision being made.

You may also appeal to a Residential Property Tribunal (website) regarding conditions attached to a licence or any decision to vary or revoke a licence.  Any appeal must be made within 28 days of the decision being made.

Click here if your application has been refused.

Please contact Tamworth Borough Council in the first instance.

Please contact Tamworth Borough Council in the first instance.

You may appeal to a Residential Property Tribunal (website) regarding conditions attached to a licence or any decision to vary or revoke a licence.

Any appeal must be made within 28 days of the decision being made.

If you are a tenant and wish to complain about the House in Multiple Occupation you live in or about your landlord you can also contact us.  We will not let your landlord know that you have complained to us without your permission.  If the property does need a licence your landlord cannot ask you to leave simply to avoid having to licence the property. 

You can contact our housing advice team about illegal evictions on:

Telephone: 01827 709459

email: housingadvice@tamworth.gov.uk

If Tamworth Borough Council decides to prosecute your landlord for not having a licence and that prosecution is successful, you may be able to apply to reclaim some of your rent through the Residential Property Tribunal  (website).

If you think that a property is being operated as an HMO and think it should be licensed you can check our public register to confirm whether it already has a licence.  Please contact us if you wish to report any properties that should be licensed. 

email: privatehousing@tamworth.gov.uk

If you have some other complaint, for example, about noise or pollution please email Tamworth Borough Council at

enquiries@tamworth.gov.uk

Any information you give will be treated in the strictest confidence.

Private Housing Enforcement Team
Tamworth Borough Council
Marmion House
Lichfield Street
Tamworth
Staffordshire
B79 7BZ

Association of Residential Letting Agents (ARLA) (website)

British Property Federation (BPF) (website)

Department for Communities and Local Government (website)

Health and Housing Rating System (website)

Health and Safety Executive (HSE) - Gas Safety Pages (website)

Health and Safety Executive (HSE) - Legionnaires disease in residential accommodation (website)

Home Stamp (website)

Home Stamp fire and security protection standards (website)

Housing Act 2004 (website)

Local Authority Co-Ordinators of Regulatory Services (LACORS) (website)

Midland Landlord Accreditation Scheme (website)

National Federation of Property Professionals (website)

National Approved Letting Scheme (website)

Residential Landlord Association (website)

Trader Register (helps you find reliable, trustworthy tradesmen in Staffordshire) (website)

Please click here to view the public register of Houses in Multiple Occupation.