Stoke-on-Trent HMO Licence Conditions and Requirements

An HMO licence in Stoke-on-Trent is not a blank permission slip. Every licence comes with a set of mandatory conditions laid down by national law and property-specific conditions added by the council's Private Sector Housing Team. Breaching a licence condition is an offence under Section 72(3) of the Housing Act 2004; a civil financial penalty under Section 249A can be up to £40,000.

Mandatory Conditions (Apply to Every HMO Licence)

Schedule 4 of the Housing Act 2004 and the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 (S.I. 2018/616) require every HMO licence in England to include these:

Maximum occupancy. The licence states the maximum number of people who may live in the property and the maximum number of people per room used as sleeping accommodation. Knowingly permitting more occupants than the licence authorises can be an offence under Section 72(2); failing to comply with a maximum-occupancy licence condition can be an offence under Section 72(3).

Minimum room sizes for sleeping rooms:

• Single adult room (person aged 10 or over): 6.51 m²
• Double adult room (two persons aged 10 or over): 10.22 m²
• Child room (person under 10): 4.64 m²
• Any room under 4.64 m² cannot be used as a bedroom at all

Floor area where the ceiling height drops below 1.5 metres does not count toward these minimums. If your loft conversion has sloped ceilings, measure the usable area carefully.

Gas safety. If the property has gas appliances, the licence holder must provide the council with an annual gas safety certificate from a Gas Safe registered engineer.

Electrical safety. The licence holder must keep electrical installations in a safe condition and provide an EICR to the council on demand.

Smoke and carbon monoxide alarms. Working alarms must be fitted and maintained throughout the tenancy.

Tenancy deposit protection. All deposits must be held in a government-approved scheme and tenants given the prescribed information within 30 days.

Household waste. The licence holder must provide suitable refuse storage facilities and ensure tenants know the collection arrangements.

Property-Specific Conditions

On top of the mandatory conditions, Stoke-on-Trent adds conditions tailored to the individual property. These often include:

• A requirement to maintain the fire alarm system to a specified BS 5839 grade (typically Grade D1 Category LD2 for standard shared houses, or Grade A for larger or more complex layouts)
• FD30S fire doors on the rooms specified for the property's HMO type and layout, fitted with the required seals and self-closing devices
• Security locks with a thumbturn or another way to open immediately from inside without a key
• A fire blanket in every shared kitchen, wall-mounted 1.5 metres above floor level
• Specific amenity ratios — one complete set of cooking facilities per five occupants; at six occupants, an additional cooker, air fryer, or combination microwave and an additional fridge-freezer; and one bathroom with basin, shower/bath and toilet per five occupants
• Display of the manager's name, address and contact number in a visible location inside the property
• Display of a fire evacuation plan

The Inspection

The housing officer inspects the property after your Part 2 fee has been paid. They are checking:

• Room measurements against the minimum standards
• Fire detection systems and their BS 5839 grade
• Fire door specifications (they will check for intumescent strips, smoke seals and self-closing devices)
• Escape routes — are they clear and do they have 30-minute fire resistance?
• Kitchen and bathroom amenity ratios
• HHSRS hazards (the Housing Health and Safety Rating System) — 29 hazard categories including damp, excess cold, electrical risk and falls

A licence does not protect you from HHSRS enforcement. The council can serve Improvement Notices or Prohibition Orders under Part 1 of the Housing Act 2004 even on a licensed property if Category 1 or Category 2 hazards are found.

Licence Duration

Licences are typically granted for five years, which is the statutory maximum. The council can issue shorter terms — one or two years — if there are concerns about management history, planning status or previous compliance issues. Re-inspections happen periodically, usually within three years of the grant.

What If You Disagree With a Condition?

When the council sends you the draft licence (the Notice of Intention), you have 14 days to make representations. If the final licence still includes a condition you consider unreasonable, you can appeal to the First-tier Tribunal (Property Chamber) within 28 days of receiving the Notice of Decision.

The Stoke-on-Trent Landlord Licensing Guide includes the complete conditions framework, room measurement guidance, and the appeal process laid out step by step.

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