Portsmouth HMO Temporary Exemption Notice: When and How to Apply

If you are taking genuine steps to make a licensable Portsmouth property no longer licensable — for example, because it is being sold or tenants have given notice to leave — a Temporary Exemption Notice (TEN) can provide a limited period without the HMO licensing requirement.

What a Temporary Exemption Notice Actually Does

A TEN for an HMO is issued by Portsmouth City Council under Section 62 of the Housing Act 2004, whether the licence requirement is mandatory or additional. An initial TEN exempts your property from the licensing requirement for up to three months from the date the notice is served. In exceptional cases, the council may grant one further TEN for up to three months.

During a valid TEN, you are not committing the offence of operating an unlicensed HMO. A tenant cannot obtain a Rent Repayment Order for that unlicensed-HMO offence during the exemption, and the council cannot issue a civil penalty for that offence during the exemption.

A TEN does not exempt you from any other obligation. You must still comply with the Management of Houses in Multiple Occupation Regulations, maintain gas safety certificates, hold a valid EICR, and meet fire safety requirements. The TEN only pauses the licensing offence itself.

When You Might Qualify

Portsmouth City Council says you can apply for a TEN if you intend to take steps to make the property no longer licensable. A TEN is not a holding period for preparing a licence application; if you intend to keep operating the HMO, apply for a licence.

Common scenarios where landlords apply:

• The property is sold subject to contract, as part of a genuine step toward making it no longer licensable
• Tenants have given notice that they intend to vacate, and their departure will bring the property below the licensing threshold
• You are actively reducing occupancy to bring the property below the licensing threshold, using the appropriate lawful tenancy process

The key is taking genuine steps to make the property no longer licensable. Simply wanting more time to assemble a licence application or being unaware of the requirement is not, on its own, a qualifying reason.

How to Apply

Contact Portsmouth City Council's Private Sector Housing Licensing Team:

• Email: [email protected]
• Phone: 023 9284 1659
• Address: Civic Offices, Guildhall Square, Portsmouth PO1 2AL

Use Portsmouth City Council's online TEN application. Explain why the property is currently licensable and what specific steps you are taking to make it no longer licensable. Include a timeline for those steps.

The council assesses each application on its facts, including whether the stated steps to make the property no longer licensable are credible and achievable within the notice period.

Limitations You Need to Know

An initial TEN lasts up to three months. In exceptional circumstances the council may grant one further TEN for up to three months, for a maximum of six months in total. A second notice is discretionary — do not assume it will be granted.

Check the full statutory register for a TEN. Active TENs should be recorded in the statutory register, but Portsmouth's online search is presented as an HMO licence register. If a search shows no licence, request the full register or confirm the TEN directly with the council.

It is not a substitute for applying. If you intend to keep the property as a licensable HMO, apply for a licence promptly through Metastreet and email the supporting documents to [email protected]. A TEN is for taking steps to make the property no longer licensable.

Refusal is possible. If the council does not believe you are genuinely taking steps to comply, it can refuse the TEN. There is no statutory appeal against the refusal of a TEN specifically, though the broader enforcement position (including any subsequent civil penalty) can be challenged.

After the TEN Expires

If you have submitted a "duly made" licence application before the TEN expires, you gain statutory protection under Section 72(4) of the Housing Act 2004. A duly made application means all mandatory fields are complete, your metric floor plan and safety certificates are uploaded and emailed, and the Part 1 fee is paid. While the application is being processed, you are protected from prosecution for unlicensed operation.

If the TEN expires and you have neither applied nor reduced occupancy below the licensing threshold, you are operating an unlicensed HMO. Portsmouth City Council can issue a civil penalty of up to £40,000 and tenants can apply for a Rent Repayment Order covering up to 24 months of rent.

The Landlord Licensing in Portsmouth guide covers the full application workflow from start to finish, including document formatting, the split portal-and-email submission process, and the two-part fee structure.

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