Quick links
- What is HMO Licensing?
- Where can I find a list of licenced properties?
- What conditions are applied to an HMO licence?
- What is a section 257 building and are they included in Additional Licensing?
- I already have a licensed HMO; would I need to apply for a licence for my other properties?
- What will happen if I do not apply for an HMO licence?
- Will student halls require an additional licence?
What is HMO Licensing?
A House in Multiple Occupation (HMO) must have a Mandatory Licence if it is occupied by five or more people who form more than one household.
Under the Housing Act 2004, councils can also introduce Additional Licensing for other types of HMOs if certain conditions are met. Portsmouth City Council has chosen to use this power, meaning that all HMOs in the city require a licence from 1 September 2023.
Where can I find a list of licenced properties?
There is a public register containing details of licence holders and their properties.
For a register of licences applied for before 1 December 2023, email hmo.licensing@portsmouthcc.gov.uk
To request a copy of the full HMO public register, please email hmo.licensing@portsmouthcc.gov.uk
There is a list of HMOs in Portsmouth compiled using licensing data and planning data. View the full Houses in Multiple Occupation (HMO) database.
What conditions are applied to an HMO licence?
There are a number of mandatory conditions applied to HMO licenses under the Housing Act 2004 and national regulations. The law also allows councils to apply discretionary conditions to regulate the management, use and occupation of the property.
You can find details of Section 257 licence conditions.
You can also find details of Additional and Mandatory licence conditions (please note these conditions will apply to Mandatory licences issued from 1 December 2023).
What is a section 257 building and are they included in Additional Licensing?
A 257 building is a building that has been converted into flats and the conversion does not comply with 1991 building regulations. Only those section 257 HMOs where two thirds or more of the flats are rented out, including those with resident landlords, will require a licence. No licence is needed if the building is occupied by only two people who form two separate households.
I already have a licensed HMO; would I need to apply for a licence for my other properties?
Yes. You must have a separate licence for each HMO property that requires one.
What will happen if I do not apply for an HMO licence?
Failure to apply for a licence is an offence under Section 72 of the Housing Act 2004, which upon summary conviction may render a person liable to an unlimited fine.
An application may also be made to the residential property service for a rent repayment order. Should an order be made, there may be a requirement to repay housing benefit paid to an occupier of the house in multiple occupation while the property was unlicensed.
A person may also be liable to a civil penalty under Section 249A of up to £30,000.
For further information on how the private sector housing team enforce its regulatory powers in the private sector, read our enforcement policy (PDF).
Will student halls require an additional licence?
Any flat within student halls that accommodates three or more students who share amenities (kitchens, bathrooms or living space) will require an additional licence.
Student halls directly managed by the University of Portsmouth will not require an additional licence.