Hackney Licence Conditions: What Your Property Licence Actually Requires

Getting the licence is only the first half. Every property licence Hackney Council issues — selective, additional HMO or mandatory HMO — comes with a set of binding conditions for a term of up to five years. Breaching any of them is a separate offence carrying a civil penalty of up to £40,000, so knowing exactly what your licence demands is not optional.

Statutory Conditions on Every Licence

Schedule 4 of the Housing Act 2004 imposes mandatory conditions that Hackney cannot remove or water down. These apply regardless of which licence type you hold:

• Annual gas safety certificate. If the property has a gas supply, you must provide a current Gas Safe certificate to the council every year and give a copy to your tenants within 28 days of each annual check.
• Electrical safety. Keep all electrical installations and appliances in safe working order and supply a valid EICR on demand.
• Smoke and carbon monoxide alarms. Install a working smoke alarm on every storey. Fit a carbon monoxide alarm in any room with a solid-fuel or gas-burning appliance. Test them regularly.
• Written tenancy terms. Supply every occupier with a clear written statement of the terms on which they occupy the property — a tenancy agreement, not a verbal arrangement.
• Minimum bedroom sizes. No sleeping room can fall below the national minimums: 6.51 m² for one adult (aged 10+), 10.22 m² for two adults, or 4.64 m² for a child under 10. Floor space where the ceiling height drops below 1.5 metres does not count.

These are not negotiable. They appear on every licence Hackney issues, whether it is a selective licence for a single-household flat in Hackney Downs or a mandatory HMO licence for a five-bedroom shared house in Dalston.

Hackney's Local Conditions

On top of the statutory baseline, LB Hackney attaches its own discretionary conditions. These vary slightly between selective and HMO licences, but the core requirements include:

• Refuse storage. Maintain the refuse storage facilities required by the licence.
• Anti-social behaviour (ASB) protocols. Implement the council's ASB monitoring protocols.
• Damp and mould. Rectify any dampness or mould growth promptly. Hackney inspectors assess this under the Housing Health and Safety Rating System (HHSRS), and a Category 1 damp hazard may also lead to an Improvement Notice alongside licence enforcement.
• Annual safety declaration. Submit the annual safety declaration through the council's digital portal.

Extra Conditions for HMO Licences

Additional and mandatory HMO licences carry further conditions tied to shared amenities:

• Kitchen provision. One complete cooking set (four-ring hob, oven, grill, sink, fridge, storage) per five occupants. Shared kitchens must be at least 1.8 metres wide with adequate worktop space.
• Sanitary facilities. One bathroom (bath or shower plus wash hand basin) and one separate WC (plus wash hand basin) per five occupants sharing.
• Fire escape routes. Maintain clear, unobstructed escape routes at all times. Interlinked fire alarms must be professionally tested annually, and emergency lighting (where fitted) must hold a valid certificate.
• HMO Management Regulations. All HMO licence holders must comply with the Management of Houses in Multiple Occupation (England) Regulations 2006, which require you to maintain water supply, drainage, gas, electricity, lighting and structural fixtures in good repair. These duties apply independently of licensing.

What Happens When You Breach a Condition

A condition breach under section 72(3) or section 95(2) of the Housing Act 2004 can result in a civil penalty of up to £40,000 per offence. The council does not need to take you to court — it can issue the penalty directly under section 249A of the Act. The penalty amount reflects your culpability, harm to tenants, compliance history and the financial gain from non-compliance.

If an inspection reveals a Category 1 hazard under the HHSRS, the council can also issue a separate Improvement Notice under Part 1 of the Act, running alongside the licence condition enforcement. The two regimes stack.

Condition breaches do not automatically revoke the licence, but non-compliance can lead Hackney to issue a shorter licence term at renewal — one or two years instead of five.

Staying on Top of Conditions

The practical approach: set a calendar reminder 60 days before each annual gas safety check, EICR renewal and annual portal declaration. Keep digital copies of every certificate in one folder. If the council sends a Notice of Intent to vary your conditions — after a layout change or managing agent swap, for example — respond within the 14-day representation window.

For a full breakdown of conditions by licence type, the application process, room measurement rules and fee discounts, the Hackney Landlord Licensing guide walks through each step from scheme identification to licence grant.

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