Property licensing frequently asked questions

Read answers to frequently asked questions around private rented property licensing.

Questions

How long will it take to process my application?

The length of the application process will vary as each case is different. Upon receipt of a valid application, we ideally aim to determine your application for a licence within three months of receipt.

How much will it cost?

Licence applicants will be required to pay a fee for each property that requires a licence. The selective licence fee is £850 per property and the additional HMO licence fee is £1,450 per property. We are also proposing a number of discounts outlined below.

Some discounts will also be available for applicants applying under the current mandatory licensing scheme. See all property licence fees and discounts.

How do you calculate the fees?

The proposed fees have been calculated on the basis that the schemes will be cost neutral to the council and will not generate a profit. Licence fees cover our costs of administering the schemes and meeting the scheme objectives that are set out below.

A significant proportion of the licence fee income will meet the necessary staffing costs to deliver the scheme outcomes, but the fees will also meet other running costs, such as IT expenditure, with appropriate allowances made for inflationary increases during the life of the scheme.

The proposed fees are underpinned by assumptions about the level of income the fees will generate, based upon the number of properties that we expect to be licensed during the life of the schemes and the numbers of those properties that we expect to be eligible to discounts.

How long is the licence valid for?

Licences can be granted for up to five years. We may grant licences for shorter periods in certain circumstances. If your licence period is less than five years, you will be informed in writing why we have limited the period.

Can I let my property before receiving the licence?

Yes, as long as you have submitted a valid application you can legally let the property.

Are there conditions attached to the licence?

There will be a number of conditions attached to licences, some of which are mandatory, as required by the Housing Act 2004, and others which are discretionary and decided by the Council. The mandatory conditions that apply to all licences are:

  • Licence holders must provide an annual gas safety certificate
  • Licence Holder shall ensure that any electrical appliances supplied by the licence holder, (for example, fridges, kettles, lawn mowers, hedge trimmers, etc.) in the property are in proper working order and safe for continued use
  • Licence holders must ensure that a smoke alarm is installed on each storey of the house on which there is a room used wholly or partly as living accommodation
  • Licence holders will be required to provide to the Authority within seven days of the request, a copy of the written, signed statement of the terms on which the tenants occupy the property

See the conditions for Mandatory HMO, Additional HMO and Selective licensing.

What criteria must a private rented property meet for it to be licensed?

Anyone who owns or manages a private rented property that must be licensed has to apply for a licence.

We must give a licence if we are satisfied that:

  • The private rented property is reasonably suitable for occupation by the number of people allowed under the licence.
  • The proposed licence holder is a fit and proper person
  • The proposed licence holder is the most appropriate person to hold the licence
  • The proposed manager, if there is one, is a ‘fit and proper person’
  • The proposed management arrangements are satisfactory
  • The person involved in the management of the private rented property is competent
  • The financial structures for the management are suitable

What is meant by ‘reasonably suitable for occupation'?

For a private rented property to be reasonably suitable for occupation for a certain number of people, it must meet standards relating to:

  • Number, type and quality of bathrooms, toilets, washbasins and showers
  • Number, type and quality of food storage, preparation and cooking facilities
  • Suitable fire precautions

What does a ‘fit and proper person’ mean?

We will carry out checks to make sure that the person applying for the licence is a fit and proper person. In deciding whether someone is fit and proper, we will consider:

  • Any previous convictions relating to violence, sexual offences, drugs and fraud
  • Whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
  • Whether the person has been found guilty of unlawful discrimination
  • Whether the person has previously managed private rented properties that have broken any approved code of practice

Does having a single tenancy for sharers exempt me from licensing?

No. There is no legal difference between single and joint tenancies for the purpose of Mandatory HMOs, Additional HMOs and Selective licensing. If there was, landlords could evade licensing by the simple expedient of changing the tenancy.

I have rooms under the permitted size, what should I do?

Please submit your application detailing all room sizes.  You do not need to take any action until we have assessed your application. The licence holder must ensure that:

  • The floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres
  • The floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres
  • The floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres
  • Any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation

The room floor areas referenced in this condition are nationally prescribed minimum standards. We may impose higher standards in an HMO in accordance with our locally adopted HMO guidance under the HMO Standards and regulations.

We have a legal duty to act where statutory bedroom size requirements are breached. Where room sizes fall short of our locally set LBW standards, a property inspection will be carried out to determine the overall suitability of the property and relevant occupation limits.

Will I have to evict tenants if my property is unsuitable?

If the property is unsuitable for the number of tenants currently accommodated, landlords will be issued a licence stating the number for which it is suitable.

If this is more than currently accommodated, landlords may keep their existing tenants until the expiry of the current tenancy and then regularise the situation by not reletting that room or rooms.

No new occupiers should be admitted until occupiers match the number permitted on the licence.

Are there any other penalties?

It is an offence if the landlord or person having control of, or managing, the property, fails to apply for a licence for a licensable property or breaches any licence condition. A Civil Penalty Notice may be issued, or a criminal prosecution may be taken leading to an unlimited fine or conviction.

Serious or multiple offences can result in a Banning Order.

Can a tenant claim back rent on an unlicensed property?

Yes. A tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months).

We can also reclaim any housing benefit that has been paid during the time the property was without a licence.

If my property doesn't require a license and I make an application, am I entitled to a refund for the license fee?

You will be entitled to a refund if your property doesn't need a licence at the time of application (for example, it falls under one of the exemptions) or you make a duplicate or wrong application.

Would I be entitled to a refund if I sell my property during a Selective and Additional Licensing schemes?

No, if the property was licensable at the time you paid for your licence application, you would not be entitled to a refund if you sell the property.

Would a licence transfer to a new buyer if I sell my property during a Selective and Additional Licensing schemes?

No, selective and additional licences cannot be transferred from one person to another. If you sold a property during a Selective and Additional Licensing schemes, you must contact us so that the existing licence can be revoked.

The purchaser will need to apply for a new licence if they still want to rent out the property.

Will my property be inspected before a Selective or Additional license is issued?

Property inspections will take place over the course of the five-year period. This can either happen before or after the licence is granted.

During the five-year period of any scheme, we will also respond to any complaints about the property and use its existing enforcement powers to deal with any issues that are not covered under the selective and additional licensing conditions.

If I am a resident (live-in) landlord, am I required to apply for a licence?

A resident landlord (owner) and family may share a house with one or two unrelated lodgers without the need for a licence. A third lodger means the house is an HMO and it must be licensed.

Is it true that houses converted into flats are not covered by the schemes?

In Wandsworth, Section 257 HMOs (self-contained flats in converted buildings) are not covered by the additional licensing scheme. This means they are exempt from the requirement for an additional HMO licence.

However, if a converted block falls within a selective licensing designated area (Furzedown, South Balham, Tooting Bec, and Tooting Broadway Wards), each individual flat may still require its own selective licence.

Additionally, all Section 257 HMOs are subject to the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007, which places duties on those managing the property. 

Are purpose-built blocks of flats to be included in the additional and selective licensing schemes?

Yes, property rented to a single-household or two unrelated sharers and three or four people in 2 or more households within purpose-built blocks are included in the schemes.

If I apply for an Additional HMO Licence for three tenants, but later reduce occupancy to two tenants (qualifying only for Selective Licensing), can I get a partial refund?

No. Licensing fees are generally non-refundable once an application has been processed, as administrative and compliance costs are incurred at the point of application. Partial refunds are not normally offered if the occupancy level changes after the licence has been issued.

Can I switch from an Additional Licence to a Selective Licence if occupancy reduces, without paying another full licence fee?

Where a property holds a valid Additional HMO Licence and the number of occupiers reduces below the threshold that requires additional licensing, it may still be possible to continue operating under the existing Additional Licence. This is because the conditions attached to an Additional Licence are generally more prescriptive and offer a higher level of regulatory oversight than those under the Selective Licensing scheme.

In such cases, there may be no need to apply for a Selective Licence while the Additional Licence remains valid, provided that licence conditions continue to be met. However, a switch from a Selective Licence to an Additional Licence is not possible without a new application, as the property must meet the specific occupancy and use criteria that trigger the requirement for additional licensing.

Is the five-year licence attached to the property or to the specific tenancy?

The licence is attached to both the property and the licence holder for the type of scheme it was issued under. Changing tenants does not automatically require a new application, provided the property continues to meet the licensing criteria it was originally licensed for.

If my property becomes vacant or let to a single household, does the licence pause or stop?

No. The licence remains active for its full five-year term unless surrendered, revoked, or varied by the Council. Temporary changes in occupancy do not pause or extend the licence term.

Why does the application form request mortgage details, and is this mandatory?

Yes - providing mortgage details is a mandatory part of the licensing application process. We request mortgage information to verify ownership and financial interest in the property, and to assist with any enforcement or recovery action where necessary. This information is collected under the Council’s powers within the Housing Act 2004 and is part of the lawful assessment of a licence application.

It is important to note that information about a property's mortgage lender is already publicly available through HM Land Registry. Anyone can access the Land Registry title for any property in England and Wales for a small fee. This means that mortgagee details are not entirely private and can be obtained by third parties independently of the licensing process

How is my personal financial information protected?

All personal information provided, including mortgage details, is processed securely and in accordance with the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), and our statutory obligations under the Housing Act 2004. We have a legal duty to collect and process this information for licensing and enforcement purposes, and it is handled on the lawful basis of legal obligation.

Access to this information is strictly controlled, stored securely on Council systems, and only used for regulatory functions. Full details on how personal data is managed can be found in our Private Sector Housing Privacy Notice.

As Wandsworth Council is my freeholder, do I need additional permission to apply for a licence as a leaseholder?

No. Licensing operates separately from your leasehold agreement. You remain responsible for ensuring that your lease permits letting activity. Leaseholders must comply with the terms of their lease in addition to licensing requirements, but no separate freeholder consent is needed for the licensing application itself.

Can my managing agent submit compliance documents on my behalf?

Yes. Managing agents may submit required documents and manage the licensing application on your behalf, provided they have your authorisation. They can be listed on the application as the managing agent or licence holder if applicable.

Is there a formal process to appoint a managing agent to act on my behalf?

Yes. The licence application form contains a section where you can formally nominate your managing agent. Once authorised, we will correspond directly with your agent regarding licensing compliance and administration.

How does the Council work with managing agents as part of the licensing scheme?

Managing agents often act on behalf of landlords to ensure compliance with licensing conditions. The appointed agent may be listed as the licence holder or manager and must meet the same fit and proper person criteria as landlords. The agent is responsible for day-to-day compliance and responding to our requests.

Is there a dedicated point of contact for agents dealing with the Council?

Yes. Where a managing agent is formally appointed in the licence application, we will use that agent as the primary point of contact for licensing matters. Agents should ensure prompt and accurate communication with the Council and full compliance with licence conditions.

If you don't find the answer to your question here, contact us at privatehousing@wandsworth.gov.uk.

Up to Private rented property licences

Updated: 18/06/2025