Southwark Licence Appeal and Temporary Exemption Notice: Your Options

When You Can Appeal

A Southwark landlord can appeal to the First-tier Tribunal (Property Chamber) against several types of council decision:

• A licence refusal
• A shortened licence term (one or three years instead of five)
• Specific conditions attached to the licence
• A civil penalty imposed for operating without a licence or breaching conditions
• A variation or revocation of an existing licence

The right to appeal exists regardless of the scheme — mandatory HMO, additional HMO or selective licensing.

The 28-Day Deadline

An appeal against a licence decision must be filed within 28 days of the decision date shown on the council's notice. An appeal against a civil penalty must be filed within 28 days of the date the Final Notice is given. Making an informal complaint to the council does not pause either deadline.

For a licensing decision, use Form HMO. For a civil penalty under Section 249A of the Housing Act 2004, use Form HO4. Each form asks for details of the decision being challenged, the grounds for appeal and supporting evidence.

The tribunal may allow an appeal after the 28-day period if it is satisfied there was a good reason for missing the deadline.

How the Tribunal Process Works

After filing, the tribunal notifies the council, which submits its response. There is usually a directions phase where both sides exchange documents and witness statements. The hearing can be in person or on paper (decided without a hearing), depending on the complexity.

The tribunal can confirm the council's decision, vary it (for example, changing conditions or reducing a penalty amount), or overturn it entirely. Its decision replaces the council's original decision — so an appeal against a shortened licence could result in a full five-year grant if the tribunal agrees the council's concerns were unfounded.

Tribunal proceedings are not free, but filing fees are modest compared to the penalties at stake.

Civil Penalty Appeals

When the council issues a civil penalty (up to £40,000 per offence), the process is:

1. The council serves a Notice of Intent, giving the landlord 28 days to make written representations
2. After considering representations, the council either withdraws or issues a Final Notice with the confirmed penalty amount
3. The landlord has 28 days from the date the Final Notice is given to appeal to the tribunal using Form HO4

During the representation period, present any mitigating factors — a genuine belief that no licence was needed, prompt action to apply once the requirement was identified, or evidence that the council's property classification is wrong.

Temporary Exemption Notices

A Temporary Exemption Notice (TEN) is not an appeal — it is a separate mechanism for landlords who are actively working to remove the licensing requirement.

Valid grounds for a TEN include:

• Taking legal action to repossess the property for owner occupation
• Converting the building back to a single-family dwelling
• Carrying out structural works to reduce occupancy below licensable thresholds

A TEN provides legal exemption from licensing for three months. In exceptional circumstances, a second three-month extension can be granted, giving a total maximum of six months. TENs cannot be used to delay routine licensing compliance — the landlord must demonstrate concrete steps to end the licensable use.

You apply for a TEN through Southwark Council's housing enforcement team. The council is not obliged to grant it, and a refused TEN application does not give any protection against enforcement.

Practical Considerations

An appeal does not automatically suspend the council's decision. If you appeal a licence condition, you must still comply with it until the tribunal rules otherwise (unless the tribunal grants an interim stay). If you appeal a civil penalty, payment is suspended until the appeal is decided.

Legal costs for tribunal proceedings vary widely. Simple paper-based appeals can be handled without a solicitor. Complex cases involving disputed property classifications or penalty amounts may benefit from legal representation.

For the full picture of licensing requirements, enforcement risks and how to apply correctly in the first place, see the Southwark licensing guide.

See more England guides →