Hammersmith and Fulham Temporary Exemption Notice: Buying Time Before You Need a Licence
What a Temporary Exemption Notice Actually Is
A Temporary Exemption Notice (TEN) is not a temporary licence. It is a short exemption — a formal acknowledgement from Hammersmith and Fulham that you are taking active steps so the property will no longer need a licence, and the property is temporarily exempt from that licensing requirement while you do it.
The legal basis sits in Section 62 of the Housing Act 2004 for HMO properties and Section 86 for selective licensing properties. Both work the same way in practice.
When You Can Apply for One
A TEN is available when you can demonstrate you are actively working to remove the need for a licence. Common situations:
- You have taken valid legal steps to recover possession and are waiting for tenants to leave, after which the property will no longer be rented
- You are selling the property and have it on the market
- You are reducing occupancy so the property drops below the HMO threshold and is outside the selective licensing streets (moving from three unrelated sharers to a couple, for example)
- You are converting the property to single-family use
The key word is "active steps." Telling the council you plan to stop renting eventually is not enough. Keep evidence such as copies of valid possession notices, a sale listing, or a signed tenancy variation reducing occupancy.
How Long It Lasts
A TEN exempts the property from licensing for three months. If exceptional circumstances prevent you from completing the planned change within that window, LBHF can grant one further TEN for another three months. After that, no more extensions are available. Six months is the absolute ceiling.
Once the TEN expires, the property must either be licensed or genuinely no longer require one. If the planned change has not happened — the tenants have not left, the sale has fallen through — you need to apply for the relevant licence immediately.
Free Download
Get the Hammersmith and Fulham Landlord Licensing Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
What a TEN Does Not Do
A TEN temporarily exempts the property from the licensing requirement. It does not replace a licence if the property continues to require one after the exemption period.
It does not protect you from other enforcement. If the property has Category 1 hazards, if fire safety is inadequate, or if the property is overcrowded, the council can still take action under separate powers.
It also does not cover any period before the TEN was granted. If the property has been operating without a licence for months before you applied, the pre-TEN period remains an offence.
The Distinction That Catches People Out
A housing TEN under the Housing Act 2004 is completely separate from a Temporary Event Notice under the Licensing Act 2003. The Licensing Act version covers alcohol and entertainment events. Searching "temporary licence Hammersmith" returns results for both, and landlords occasionally end up on the wrong council page.
If your concern is property licensing, you need the housing route — contact the Private Sector Housing Team, not the licensing team that handles pubs and events.
Should You Apply for a TEN or Just Get the Licence?
In most cases, the licence is the better option. A TEN buys three months, but the licence application process itself takes several weeks, and you will need the licence anyway if your plans change. The only scenario where a TEN makes clear sense is when the property will genuinely stop needing a licence within the exemption period and you have the evidence to prove it.
If you are unsure whether your property needs a licence at all, that is a different question — the Hammersmith and Fulham Landlord Licensing Guide includes a licence-decision flowchart that settles it in a few minutes.
Get Your Free Hammersmith and Fulham Landlord Licensing Checklist
Download the Hammersmith and Fulham Landlord Licensing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.