Peterborough HMO Licence Appeal: What to Do If Your Licence Is Refused

Why Licences Get Refused in Peterborough

Peterborough City Council can refuse a property licence for several reasons. The most common are failing the Fit and Proper Person test, proposing a property layout that does not meet minimum room size or amenity standards, and failing to provide the required safety documents within the 28-day application window.

A licence can also be refused if the proposed licence holder is not a UK resident (Peterborough requires UK residency for all licence holders), if there are unspent convictions relating to housing offences, fraud, violence, drug trafficking, or unlawful discrimination, or if the council considers that the proposed management arrangements are not satisfactory.

The Two-Stage Process Before a Refusal Becomes Final

The council does not simply refuse a licence overnight. There is a structured process with built-in opportunities to respond.

Stage 1: Notice of Intent

When the council decides to refuse, vary, or revoke a licence, it serves a formal Notice of Intent setting out the proposed decision and the reasons behind it. This is your warning — not the final decision.

Stage 2: Written Representations (28 Calendar Days)

From the date the Notice of Intent is served, you have a strict 28-calendar-day window to submit written representations and supporting evidence to the council. This is your chance to address the specific concerns raised.

This deadline is absolute. Informal phone calls or emails to council staff do not pause or extend the 28-day period. If you need to gather additional documents — an updated EICR, a remedial works certificate, evidence that a conviction is now spent — start immediately.

If your representations persuade the council that the concerns are resolved, the licence may be granted after all. If not, the council moves to the next stage.

Stage 3: Final Notice

After reviewing your representations, the council issues a Final Notice confirming the refusal (or whatever other decision it proposed). The Final Notice sets out the confirmed decision, the reasons, and your appeal rights.

Appealing to the First-Tier Tribunal

If you disagree with the Final Notice, you can appeal to the First-tier Tribunal (Property Chamber) — specifically the Eastern Residential Property Region, which covers Peterborough. The appeal must be lodged within 28 calendar days of the Final Notice being served.

The tribunal conducts a full re-hearing of the case. It can confirm the council's decision, vary it, or quash it entirely. The tribunal looks at the facts afresh — it is not limited to reviewing whether the council followed the correct procedure. You can present new evidence that was not available during the representation stage.

Tribunal appeals carry costs risks. Each party normally bears their own costs, but the tribunal can award costs against a party that has acted unreasonably.

What Happens to the Property During an Appeal?

If your licence application was pending when the refusal was issued — meaning you submitted a "duly made" application before the deadline — you are statutorily protected under Section 72(4) or Section 95(3) of the Housing Act 2004. The property can continue to be let while the application (and any subsequent appeal) is being determined, without the landlord committing the offence of operating an unlicensed property.

If you did not have a pending application and the property is already unlicensed, continuing to let it while you appeal is risky. The appeal does not automatically grant interim permission to let.

Revocation Is Different from Refusal

A licence can also be revoked after it has been granted — typically because the licence holder is no longer considered fit and proper, or because licence conditions have been seriously breached. The same two-stage process applies: Notice of Intent, 28-day representations, Final Notice, and a right of appeal to the tribunal.

The key difference is that a revocation removes a licence you already held. A refusal means one was never granted in the first place.

Practical Steps If You Receive a Notice of Intent

1. Read the Notice of Intent carefully and identify every specific concern listed
2. Gather evidence that addresses each point — updated certificates, remedial works invoices, references, training records
3. Submit your written representations well before the 28-day deadline
4. If the Fit and Proper Person test is the issue, consider whether appointing a different licence holder (such as a managing agent) would resolve it
5. If the decision proceeds to a Final Notice and you believe it is wrong, take legal advice before the 28-day appeal window closes

Our Peterborough Landlord Licensing Guide covers the full application process — including the Fit and Proper Person declaration, document requirements, and licence conditions — to help you avoid a refusal in the first place. If you are already in the appeals process, the guide explains the timeline and what the council expects at each stage.

Frequently Asked Questions

How long do I have to appeal a refused Peterborough licence?

You have 28 calendar days from the date the Final Notice is served to lodge an appeal with the First-tier Tribunal (Property Chamber). This is a hard deadline — late appeals are not normally accepted.

Can I still rent out the property while the appeal is pending?

If you submitted a complete ("duly made") application before the licence expired or before the refusal, you are protected from prosecution while the application and any appeal are being determined. Without a pending application, letting the property during an appeal carries enforcement risk.

What if the refusal is because of the Fit and Proper Person test?

You can address this in your written representations — for example, by showing that a conviction is now spent, or by proposing a different licence holder. If the council is not persuaded, you can raise the same arguments at the tribunal.

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