Lewisham Temporary Exemption Notice: How to Apply and What Qualifies

A Temporary Exemption Notice — usually called a TEN — gives a landlord up to three months of legal protection from prosecution for operating without a property licence. It exists for landlords who are genuinely taking steps to remove the property from the licensing requirement, not for those who simply want more time before applying.

Lewisham's Private Sector Housing Agency processes TEN applications through the MetaStreet portal for all three licensing schemes: selective, additional HMO and mandatory HMO.

When a TEN Is Appropriate

The Housing Act 2004 allows a TEN under section 62 (Part 2, HMO licensing) or section 86 (Part 3, selective licensing) where the person having control of a property can demonstrate they are taking active steps to ensure it no longer requires a licence.

Legitimate grounds include:

• Selling the property — you have a signed sales contract with vacant possession
• Recovering possession — you have served a valid section 8 notice under the applicable ground to reoccupy the property as your own home
• Reducing occupancy — you are making structural alterations or ending tenancies to bring the number of occupants below the licensing threshold
• Probate or estate administration — the process is leading to a qualifying step, such as a sale with vacant possession

A TEN is not a mechanism to delay applying while you continue letting the property. If the council suspects the application is designed to buy time rather than genuinely exit the licensing requirement, it will refuse.

How Long a TEN Lasts

A TEN grants exemption for a maximum of three months from the date the council serves the notice. The council can grant one extension of a further three months in exceptional circumstances — but only one. No property can be covered by TEN exemptions for more than six months in total.

If the property still requires a licence at the end of the TEN period, you must submit a full licence application immediately.

How to Apply

TEN applications are submitted through Lewisham's MetaStreet licensing portal. You will need to provide:

• The property address (selected from the LLPG database)
• Your details as the person having control or managing the property
• A written statement explaining why the property will no longer require a licence
• Supporting evidence — for example, a signed sale contract, estate agent instruction letter, court possession order, or structural works specification with a completion date

There is no fee for a TEN application. The council must decide within a reasonable period, though the Housing Act does not prescribe a statutory timeframe.

What Happens If the Council Refuses

If Lewisham refuses your TEN application, you will receive a formal Notice of Refusal. At that point you have no temporary protection — you must submit a full licence application immediately to avoid prosecution for operating an unlicensed property.

You can appeal a refusal to the First-tier Tribunal (Property Chamber), but the appeal does not suspend the licensing requirement while it is being heard. The safest course after a refusal is to submit the licence application and pursue the appeal in parallel.

TEN Does Not Suspend Other Obligations

A TEN exempts you from the requirement to hold a licence. It does not exempt you from the property standards that would otherwise apply — gas safety, electrical safety, smoke and carbon monoxide alarms, and the minimum energy efficiency standard all continue to apply regardless of licensing status.

It also does not protect you from a tenant's rent repayment order claim. If the property required a licence before the TEN was granted and you were letting without one, the period of unlicensed operation still counts toward an RRO application.

When a TEN Is Not the Right Route

If you intend to keep letting the property in its current configuration, a TEN will not help you — apply for the licence directly. The step-by-step Lewisham licensing guide walks through the full application process, documents, fees and conditions for all three schemes.

If you are unsure whether the property even needs a licence, start with the decision guide — it covers the occupancy and ward tests that determine which scheme applies.

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