Appealing an HMO Licence Refusal in Portsmouth: First-Tier Tribunal Process

Receiving a licence refusal or a civil penalty notice from Portsmouth City Council is not the end of the road. The Housing Act 2004 and the Housing and Planning Act 2016 give landlords statutory rights to challenge these decisions through a formal tribunal process — but the deadlines are strict, and a late licence appeal needs the tribunal's permission.

What Decisions You Can Appeal

You can appeal to the First-tier Tribunal (Property Chamber — Residential Property) against:

• Refusal to grant an HMO licence — the council decides your property does not meet the licensing criteria, or that you are not a fit and proper person
• Licence conditions you believe are unlawful or unreasonable
• Licence revocation — the council withdraws an existing licence
• A civil penalty notice — the council imposes a financial penalty of up to £40,000 for operating without a licence or breaching conditions
• Refusal of a licence variation — you applied to change your licence terms and the council said no

The Timeline: 28 Days, With a Limited Late-Appeal Route

For a licence decision, the usual deadline is 28 days, beginning with the date specified in the decision notice. The tribunal may allow a late appeal if it is satisfied there was a good reason for missing the deadline and for any delay in applying afterward. There is no automatic extension for bank holidays, postal delays, or being away, so do not assume a late appeal will be accepted.

The process before a final decision involves two stages. First, the council issues a Notice of Intention (to grant, refuse, or impose a penalty), which triggers a 14-day window for you to submit written representations directly to the council. If the council proceeds to a final Notice of Decision after considering your representations, the 28-day tribunal clock starts.

Submitting representations to the council during the 14-day window is not an appeal — it is an earlier, less formal opportunity to persuade the council to reconsider. Use it, because resolving the issue at this stage avoids tribunal costs entirely. But if the council's final decision stands, the tribunal route is the next step.

How to Lodge an Appeal

Applications to the First-tier Tribunal are made to the Property Chamber — Residential Property. You can submit your appeal online or by post. The application requires:

• Your name, address, and contact details
• The address of the property in question
• A copy of the council's decision notice you are challenging
• Your grounds of appeal — a written statement explaining why you believe the decision is wrong
• Any supporting evidence (safety certificates, floor plans, planning consents, correspondence with the council)

There is a tribunal fee payable at the time of filing, though fee remission is available for applicants on low income.

What Happens During the Appeal

Filing a tribunal appeal suspends enforcement of the decision you are challenging. If you are appealing a civil penalty, you do not need to pay it while the appeal is pending. If you are appealing a licence revocation, the revocation does not take effect until the tribunal rules.

The tribunal typically handles HMO licensing appeals through a hearing (either in person or remote). Both sides present evidence, and the tribunal panel — usually a legally qualified chair plus one or two specialist members — decides the case on the facts and the law.

The tribunal can:

• Confirm the council's decision
• Reverse the decision (grant the licence, cancel the penalty)
• Vary the decision (change the conditions, reduce the penalty amount)
• Remit the case back to the council for a fresh decision

When an Appeal Is Worth Pursuing

Appeals are strongest when you can show the council got the facts wrong or applied the law incorrectly. Common grounds include:

• Fit and proper person: the council relied on old or irrelevant convictions, or failed to consider rehabilitation evidence
• Licence conditions: the conditions go beyond what the Housing Act allows — the Fletcher & Anor v Portsmouth City Council [2026] UKUT 234 (LC) ruling confirmed that councils cannot dictate internal tenancy agreement terms
• Proportionality of civil penalty: the £40,000 maximum is a cap, not a target. The council must follow its penalty matrix and show why the amount is proportionate. If the penalty is disproportionate to the offence, the tribunal can reduce it
• Procedural failure: the council did not follow the correct statutory procedure (for example, failing to serve the Notice of Intention properly)

Appeals that boil down to "I did not know I needed a licence" rarely succeed — ignorance of the law is not a defence under the Housing Act 2004.

Upper Tribunal: Second-Tier Appeals

If either side disagrees with the First-tier Tribunal's decision, they can seek permission to appeal to the Upper Tribunal (Lands Chamber). Permission must be granted by either the First-tier Tribunal or the Upper Tribunal itself, and is only given where there is a point of law at stake.

Upper Tribunal decisions set binding precedent. The Fletcher ruling, for example, originated as a First-tier Tribunal case but reached the Upper Tribunal, and its conclusions now apply to every local authority in England.

Practical Next Steps

If you have received a Notice of Intention from Portsmouth City Council, start by submitting detailed written representations within the 14-day window — this is your cheapest and fastest route to resolution. Keep copies of everything you send.

If a final decision follows and you intend to appeal, do not wait until day 27. Prepare your grounds and gather your evidence immediately. Check the final notice for the applicable deadline, particularly for a civil penalty appeal. Consider instructing a solicitor who specialises in housing law, particularly where the financial stakes justify legal fees.

The Landlord Licensing in Portsmouth guide covers the full application process, conditions framework, and enforcement landscape, helping you get the application right the first time.

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