0:01 AM, 9th September 2025, About 2 months ago 2
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Hello Everyone, I have a some HMO properties that are shortly due to be subject to additional licensing scheme by a council. The council has stipulated the scheme to come into effect on the 1st of October.
They state landlords will be given three months to apply for a licence. The housing act of 2004 states: ‘That date must be no earlier than three months after the date on which the designation is confirmed.”
The council offers a discount if you get an independent surveyor rather than they do the survey but my surveyor is booked up until shortly after the scheme starts so I am wondering whether if I go ahead with the independent surveyor I would be opening myself up for a rent repayment order.
At the moment I intend to have the independent surveyor do the survey on the 2nd of October, one day after the scheme starts, and then apply for the license.
Would this be okay? Or to avoid a repayment order do I need to go with the council doing a survey?
Thank you,
Sam
Safe HMO.co.uk
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Sign Up8:47 AM, 10th September 2025, About 2 months ago
We would advise to go ahead and apply for the HMO licence at no later than the council deadline. The survey you may wish to carry out will hopefully give you a list of works (if any) required to meet current HMO/fire regulations, then you can work through that list to ensure full compliance. The rent repayment order will only apply if you do not apply for a HMO licence before the council deadline date.
DPT
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Sign Up0:15 AM, 13th September 2025, About 2 months ago
Councils are always doing this. Telling landlords they have 3 months to apply after the scheme begins, but not mentioning that it doesnt stop the tenant claiming an RRO or the fact that any s21 notice would be invalid. I agree that you should apply as soon as the forms are available. You should then have plenty of time to do a survey and make any required changes. I didn’t hear anything from the Council for a year after my licence application.