Peterborough Landlord Licensing Exemptions and Temporary Exemption Notices

Statutory Exemptions Under the Housing Act 2004

Not every privately rented property in Peterborough needs a licence. Schedule 14 of the Housing Act 2004 and the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 set out specific categories of properties that are exempt from both HMO and selective licensing requirements.

The key exemptions are:

• Public body properties — properties managed or controlled by a local housing authority, registered social landlord (housing association), police authority, or NHS trust
• University-managed student accommodation — halls and houses directly owned and managed by a higher education institution listed under the relevant statutory schedules
• Resident landlords — if you live in the property as your sole or main residence and have no more than two lodgers, the property is exempt
• Holiday lets — genuine short-term holiday lettings, not disguised longer-term residential tenancies
• Agricultural and business tenancies — properties let under agricultural tenancies or business tenancies governed by the Landlord and Tenant Act 1954
• Long leases — leases exceeding 21 years

If your property falls into one of these categories, you do not need to apply for a selective or HMO licence. However, be precise about the definitions. A landlord who lives in the property with three lodgers (not two) is no longer exempt and needs a licence. A property let to students through a private agency rather than directly by the university does not qualify for the student exemption.

Properties Under Management Orders

If Peterborough City Council has already placed an Interim or Final Management Order on a property under Sections 102 or 113 of the Housing Act 2004, that property is exempt from licensing for the duration of the order. The council has effectively taken over management, so a separate licence is not needed.

Temporary Exemption Notices (TENs)

A Temporary Exemption Notice is not an exemption from licensing — it is a time-limited reprieve while you take active steps to remove the property from the licensing requirement altogether.

You can apply for a TEN under Section 62 (for HMOs) or Section 86 (for selective licensing) of the Housing Act 2004 when you are genuinely working to change the property's circumstances. Typical reasons include:

• Actively marketing the property for sale and aiming to complete before the licence would be needed
• Converting the property back to single-family use (reducing occupancy below the HMO threshold)
• Taking steps to secure vacant possession so the property will no longer be let

The TEN Application Process

Applications go through the Home Safe portal. The fee is £150, payable in full at the time of application. If granted, the TEN lasts for three calendar months. In exceptional circumstances, you can apply for a second three-month TEN, but the statutory limit is two consecutive notices — six months maximum.

During the TEN period, you are protected from prosecution for operating an unlicensed property. But the TEN is not a tactic for postponing licensing indefinitely. The council expects to see genuine progress toward the stated goal. If you apply for a TEN claiming you are selling the property but take no steps to market it, the council is unlikely to grant a second notice.

What Happens When the TEN Expires?

If you have not completed the sale, conversion, or vacancy by the end of the TEN period, you must immediately apply for a full licence. Operating without a licence after a TEN expires carries the same penalties as any other unlicensed letting — civil penalties up to £40,000 and potential Rent Repayment Orders.

Common Misconceptions

"My address is outside a designated selective licensing area, so I'm exempt from everything." Only selective licensing is area-based. Additional HMO Licensing and Mandatory HMO Licensing are city-wide — a non-exempt HMO with three or more unrelated occupants sharing facilities needs the applicable licence wherever it sits in Peterborough.

"I only have two tenants, so I don't need any licence." If those two tenants are unrelated and the property is in a designated selective licensing area, you need a Selective Licence. Two unrelated sharers count as two separate households.

"Registering on the national PRS Database replaces my local licence." It does not. The national Private Rented Sector Database is a separate requirement. Registering there does not exempt you from obtaining a Peterborough property licence.

Our Peterborough Landlord Licensing Guide includes a decision flowchart that walks you through whether your property is exempt, needs a TEN, or requires a full licence application — along with the complete Home Safe portal process for whichever route applies.

Frequently Asked Questions

How much does a Temporary Exemption Notice cost in Peterborough?

A TEN costs £150, payable in full when you submit the application through the Home Safe portal. It lasts for three months, with a possible second three-month extension in exceptional circumstances.

Can I use a TEN to delay applying for a licence while I find tenants?

No. A TEN is designed for landlords who are actively removing the property from the licensing requirement — selling it, converting it back to single-family use, or seeking vacant possession. It is not a general deferral mechanism.

Does the resident landlord exemption apply if I have three lodgers?

No. The exemption covers a resident landlord with no more than two lodgers. With three lodgers, the property meets the HMO definition and needs a licence.

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