Please ensure you have all documents and certificates necessary for your HMO Licence Application.
Checklist
- Payment card *
- DBS or similar disclosure scheme check dated within 28 days of the licence application being submitted *
- Floor plans with room descriptions and measurements. Include location of fire detection and position of amenities.*
- Copy of current Electrical Installation Condition Report*
- Copy of current Landlords Gas Safety Certificate (if applicable)*
- Contractual agreement between a licence holder and a manager (if applicable)*
- Copy of fire alarm design, installation and commissioning certificate
- Copy of emergency lighting design, installation and commissioning certificate (where applicable)
- Copy of fire extinguisher service certificate (where applicable)
- Copy of PAT Testing certificate
* Applications submitted without these items (where applicable) will be rejected.
Documents and Certificates
Where additional documents or certificates are required, they must be submitted within 7 days of the request.
Email documents to: psh@cornwall.gov.uk
or
Post documents to: Private Sector Housing, Cornwall Council, PO Box 676, Threemilestone, Truro, TR1 9EQ.
Fit and Proper Person Test (HMO Licensing)
Under the Housing Act 2004, before issuing an HMO licence, the local authority must be satisfied that the proposed licence holder and manager are "fit and proper persons." This is to ensure they are of sufficient integrity and good character to manage an HMO without posing risks to tenants.
Factors considered include:
- Unspent convictions for fraud, dishonesty, violence, drugs
- Sexual offences (Schedule 3 of the Sexual Offences Act 2003)
- Unlawful discrimination on grounds of sex, race, ethnicity, etc
- Contraventions of housing law or landlord-tenant law
- History of licence revocation or refusal
- Breaches of licence conditions
- Interim or final management orders
- Banning orders under the Housing and Planning Act 2016
- Enforcement actions (e.g., Improvement Notices, Prohibition Orders)
Additionally, membership in a government-approved redress scheme is required for property managers. Failure to join such a scheme can result in disqualification and fines.
If the applicant is a Company, a DBS will need to be submitted by each of the Directors. The DBS checks must be no more than 1 month old for the first application and no more than one year old for subsequent applications.
Definitions: Manager and Person in Control of a House in Multiple Occupation
As defined in Housing Act 2004, Section 263:
Person Having Control:
- Receives the rack-rent (i.e., rent that is at least two-thirds of the full net annual value of the premises), either directly or as an agent/trustee
- Would receive the rack-rent if the premises were let at such a rate.
Person Managing:
- Is an owner or lessee of the premises, and
- Receives rents or payments from tenants/licensees, either directly or via an agent/trustee.
- Or would receive such rents but has entered into an arrangement where another person (not an owner/lessee) receives them.
These definitions are crucial in determining legal responsibility for licensing and compliance. For example, in a 2023 Upper Tribunal case, it was clarified that:
- The person in control must be able to grant a lease at a rack-rent
- If a freeholder has already leased the property at less than rack-rent, they are not considered in control
- Similarly, if rents are received by a lessee, the freeholder is not managing the property.
How we deal with breaches of the Housing Act 2004
- Imposition of discretionary licence conditions.
- Variation of an existing property licence.
- Service of enforcement notices (charges apply).
- Revocation of the existing property licence and reducing a new licence term to 1 year.
- Financial Penalties as an alternative to prosecution.
- Prosecution
- Cautions
Responsible Landlords Scheme
We encourage you to join the Cornwall Responsible Landlords Scheme.