Portsmouth Property Licensing Check: Does Your Rental Need a Licence?
Working out whether your Portsmouth property needs an HMO licence is not as straightforward as counting tenants. The test depends on how many people live there, how many separate households they form, whether they share amenities, and what type of building it is. Getting it wrong means operating unlicensed — a criminal offence carrying civil penalties of up to £40,000.
The Three Questions That Determine Licensing
Every property runs through the same three-part test:
1. How many people live in the property? Count every occupant — tenants, their children, any live-in partners who are not on the tenancy agreement. Everyone who uses the property as their main residence counts.
2. How many separate households do they form? A household is a single person, a married or cohabiting couple, or a family unit (parents, children, siblings, grandparents). Two friends sharing a flat are two separate households. A couple and their child are one household. Three unrelated professionals sharing a house are three households.
3. Do they share basic amenities? Shared kitchen, bathroom, or toilet facilities between occupants from different households is the defining feature of an HMO. If each household has fully self-contained facilities (their own kitchen, bathroom, and toilet with no sharing), the property may not be an HMO — though Section 257 rules for converted buildings add a layer of complexity.
Portsmouth's Licensing Map
Portsmouth operates two HMO licensing schemes. There is no selective licensing scheme in the city.
Mandatory HMO Licensing (citywide, permanent): Your property needs a mandatory licence if it houses five or more people from two or more households who share amenities. This is a national requirement under Part 2 of the Housing Act 2004 and does not depend on any local designation.
Additional HMO Licensing (citywide, 1 September 2023 to 31 August 2028): Your property needs an additional licence if it houses three or four people from two or more households who share amenities. This also captures:
- Shared flats in purpose-built blocks of three or more self-contained flats
- Section 257 converted buildings (properties converted into flats before 1991 Building Regulations where two-thirds or more of the flats are privately rented)
The additional licensing designation covers all 14 electoral wards — every corner of Portsmouth, from Cosham to Eastney.
No licence needed if the property is let to a single family, a couple, or two unrelated individuals who do not trigger the HMO definition. A resident landlord with up to two lodgers is also exempt under Schedule 14 of the Housing Act 2004.
Quick-Reference Decision Table
| Your situation | Licence needed? |
|---|---|
| House let to a family (parents + children) | No |
| Flat shared by 2 friends | No |
| House shared by 3 unrelated people | Additional HMO licence |
| House shared by 4 professionals from 3 households | Additional HMO licence |
| House shared by 5+ people from 2+ households | Mandatory HMO licence |
| Owner-occupier with 1-2 lodgers | No (Schedule 14 exempt) |
| Owner-occupier with 3+ lodgers | Additional HMO licence |
| Flat in a converted Victorian house (pre-1991 conversion, 2/3+ rented) | Section 257 additional licence (for the block) |
| University-managed halls of residence | No (educational exemption) |
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How to Get a Definitive Answer
If you are unsure after running through the test above, there are two ways to confirm:
Check the public register. Portsmouth's online HMO licence register lets you search by address or postcode. If your property appears, it is licensed. A pending application may not appear. A current TEN should be recorded in the statutory register, so request the full register or contact the council if the online search does not show one.
Contact the licensing team directly. Email [email protected] with your property address and a description of the current occupancy. The Private Sector Housing Licensing Team can confirm whether your property falls within a licensing category and which scheme applies.
Do this before you start the application process. The 2026 Part 1 fee is £314 for a mandatory licence or £222 for an additional licence. Portsmouth refunds applications made by mistake for exempt or non-licensable properties, but not voluntary withdrawals or payments made for an incorrect number of bedrooms.
Watch for Occupancy Changes
Your licensing status is not fixed. A property that does not need a licence today can become licensable tomorrow if the occupancy changes.
Common triggers:
- A tenant's partner moves in, creating an additional person
- A couple breaks up, turning one household into two
- You replace a departing tenant with someone from a different household, pushing the household count over the threshold
Under the Renters' Rights Act 2025, tenancies are now periodic by default, which means tenant changes happen more fluidly than under the old fixed-term model. Keep your occupancy records current and reassess the licensing position whenever a tenant moves in or out.
For the complete application process once you have confirmed your property needs a licence — including the Metastreet portal workflow, document requirements, email submission, and two-part fee structure — the Landlord Licensing in Portsmouth guide takes you through each step.
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