Hammersmith and Fulham Property Licence Appeal: Taking Your Case to the Tribunal

When You Can Appeal

If Hammersmith and Fulham refuses your property licence application, revokes an existing licence, or imposes conditions you disagree with, you have the right to appeal to the First-tier Tribunal (Property Chamber). The appeal route is set out in the Housing Act 2004 and covers all three licensing schemes — mandatory HMO, additional HMO and selective.

The main grounds for appeal:

• Refusal of a licence application — usually because the proposed licence holder or manager failed the fit-and-proper-person test, or because the council considered the property unsuitable for the number of occupants
• Revocation of an existing licence — typically for serious or repeated licence condition breaches
• Licence conditions — where the council has attached conditions you consider unreasonable, impractical or beyond what the law requires
• Refusal to grant a Temporary Exemption Notice — where the council rejected your application to pause the licensing requirement while you take steps to remove the need for a licence

The 28-Day Window

For appeals against licence conditions or civil financial penalties, the deadline is 28 days from service of the Final Notice. The same timing is not established here for every other appeal type, so check the decision notice and tribunal guidance as soon as the decision arrives.

Check the council's decision letter for the applicable deadline and appeal route. Keep it — you will need to identify the decision you are challenging in the appeal application.

How the Tribunal Works

The First-tier Tribunal (Property Chamber) is an independent judicial body, not part of the council. It rehears the case from scratch — it does not simply review whether the council followed its own procedures. The tribunal can uphold the council's decision, overturn it, or substitute its own decision (including attaching different conditions to the licence).

The process:

1. Application. File online or by post to the First-tier Tribunal. The application form asks for details of the property, the council's decision, and the grounds on which you are appealing.
2. Council response. LBHF files its case, explaining why it made the decision and providing supporting evidence.
3. Directions. The tribunal issues procedural directions — deadlines for exchanging evidence, witness statements and bundles.
4. Hearing. Most housing licence appeals are decided at a hearing (in person or remote). You can represent yourself or use a solicitor. The hearing is relatively informal compared to county court, but you need to present your evidence clearly.
5. Decision. The tribunal issues a written decision, usually within a few weeks of the hearing.

What the Tribunal Considers

For a fit-and-proper-person refusal, the tribunal applies the same statutory test the council used: has the proposed licence holder or manager committed relevant offences, practised unlawful discrimination, contravened housing law, or had a previous licence refused or revoked? The tribunal assesses the evidence independently — it can reach a different conclusion from the council even on the same facts.

For unreasonable conditions, the test is whether the condition is necessary and proportionate. A condition requiring fire doors in a five-person HMO is standard. A condition requiring a specific brand of alarm system or demanding works beyond what the HHSRS hazard rating justifies might be challengeable.

For revocation, the tribunal looks at whether the grounds for revocation actually existed and whether revocation was a proportionate response. Minor breaches that have since been fixed may not justify revocation.

Costs

The First-tier Tribunal does not normally award costs in housing cases. Each side bears its own legal expenses. This means appealing is relatively low-risk financially — even if you lose, you will not typically be ordered to pay the council's costs. The main expense is your own time (or solicitor fees if you choose to instruct one).

The tribunal application fee is modest. Check the current schedule on the Tribunals Service website, as fees change periodically.

While the Appeal Is Pending

Filing an appeal does not automatically suspend the council's decision. If the licence was refused, the property remains unlicensed during the appeal. If conditions were imposed, they generally apply until the tribunal says otherwise.

However, you can ask the tribunal for a stay or interim direction — particularly if the council's decision would force you to stop letting the property entirely. The tribunal has discretion to preserve the status quo while the appeal is heard.

The Hammersmith and Fulham Landlord Licensing Guide covers the appeal process as part of the enforcement chapter, including what to document during the application process in case you need it later.

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