Portsmouth Landlord Licensing: Do I Need a Licence?

Every shared rental property in Portsmouth sits inside a licensing zone, and the penalties for getting it wrong run to £40,000 per offence. The question is not whether licensing exists — it does, citywide — but which scheme catches your property.

Two Active Schemes, No Selective Licensing

Portsmouth City Council runs two HMO licensing schemes. There is no selective licensing scheme in Portsmouth, so a standard family let to one household does not need a property licence at all.

Mandatory HMO licensing applies to any property occupied by five or more people from two or more separate households who share a kitchen, bathroom or toilet. This is a national requirement under Part 2 of the Housing Act 2004 and covers the entire city.

Additional HMO licensing is Portsmouth's own designation, active since 1 September 2023 and running until 31 August 2028. It catches smaller shared homes — three or four people from two or more households sharing amenities. It also covers shared flats in purpose-built blocks of three or more flats, and Section 257 converted buildings.

The Household Test

"Household" is the word that decides everything. A married or cohabiting couple and their children count as one household. Two friends sharing a flat count as two households. Three unrelated professionals in a terraced house count as three.

Here is how the count maps to licensing:

• One household, any size — no licence needed (no selective licensing in Portsmouth)
• Two people from two households — no licence needed
• Three or four people from two or more households, sharing amenities — additional HMO licence
• Five or more people from two or more households, sharing amenities — mandatory HMO licence

A resident landlord with up to two lodgers is exempt under Schedule 14 of the Housing Act 2004. A resident landlord with three or more lodgers needs an additional HMO licence.

How to Check Your Property

The most reliable route is to email Portsmouth's Private Sector Housing team at [email protected] with the property address. They will confirm the licensing category in writing.

You can also check the council's public HMO register online, but it only shows properties that already hold a licence — it will not tell you whether an unlicensed property needs one.

What Happens If You Get It Wrong

Operating a licensable HMO without a licence is a criminal offence under Section 72 of the Housing Act 2004. Portsmouth can prosecute (unlimited fine) or issue a civil penalty of up to £40,000. On top of that, tenants or the council can apply for a rent repayment order covering up to 24 months of rent.

Submitting a complete application gives you statutory protection while the council processes it — but only if the application is "duly made" (all required documents sent to the council, Part 1 fee paid). A saved draft does not count.

Our Portsmouth Landlord Licensing Guide walks through the full decision tree, documents, fees and application steps so you can confirm which licence applies and submit a complete application the first time.

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