Temporary Exemption Notice in Manchester: When You Don't Need a Licence Yet
What Is a Temporary Exemption Notice?
A Temporary Exemption Notice (TEN) is a formal acknowledgement from Manchester City Council that your property does not need to be licensed for a limited period while you are actively taking steps to make it cease to require a licence. It is not a get-out-of-jail card — it is a short pause that covers a specific transition.
The legal basis is Section 62 of the Housing Act 2004 (for HMOs) and Section 86 (for selective licensing). You apply to the council, explain what you are doing to remove the property from the licensing requirement, and if the council accepts your reasoning, you get a three-month exemption.
Valid Grounds for a TEN
Manchester City Council will consider granting a TEN where the landlord is genuinely taking steps to make the property non-licensable. Accepted grounds include:
- Eviction proceedings — you have served valid notices and are pursuing possession through the courts to restore the property to single-family occupation or vacant possession
- Structural alterations — you are carrying out building works to return an HMO to a single dwelling (removing shared facilities, restoring a single entrance)
- Sale with vacant possession — the property is being actively marketed for sale and you are working to obtain vacant possession before completion
The common thread is that the property's licensable status is about to end through a concrete, time-limited action that you can evidence.
What a TEN Does Not Cover
A TEN is not available as a delay tactic to avoid paying licensing fees while continuing to rent an unlicensed property. If you apply for a TEN with no genuine intention of removing the property from the licensing regime — you just want more time before submitting the application — the council will refuse it. Supplying information that is materially false or misleading in connection with a TEN is an offence under section 238 of the Housing Act 2004 if you know it is false or are reckless about whether it is false.
A TEN does not protect you from liability for the period before it was served. If the property was licensable and unlicensed before the TEN took effect, the council can still pursue civil penalties for the earlier period of non-compliance.
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How Long Does It Last?
A standard TEN lasts three months from the date it is served. In exceptional circumstances, the council may grant a single further three-month notice — giving a total maximum of six months. After that, either the property is no longer licensable (because the transition is complete) or you must apply for a licence.
There is no option for a second extension. If your eviction or sale is still in progress after six months, you need to submit a licence application to avoid operating unlicensed.
How to Apply
Contact Manchester City Council's Private Sector Housing team at [email protected] with:
- The property address and your details as owner
- Which licensing requirement applies (selective or mandatory HMO)
- A clear statement of the steps you are taking to make the property non-licensable
- Evidence supporting those steps (court papers for possession proceedings, building control applications for structural works, estate agent marketing details for a sale)
The council assesses the application and, if satisfied, issues the TEN in writing with the start and end dates.
The Practical Reality
Most Manchester landlords do not qualify for a TEN because most landlords are not genuinely exiting the rental market. If your property is in a selective licensing area and you intend to keep renting it, the TEN route does not apply — you simply need to submit a licence application and pay the fees.
Where a TEN is most useful is the transitional period around a sale with vacant possession. If you have exchanged contracts and completion is weeks away, and the council grants a TEN, it can bridge the gap so you do not pay for a five-year licence you will hold for less than a month. But you need to apply proactively — operating unlicensed while hoping the sale completes before the council notices is not a strategy.
For the full application process and all available exemptions, the Landlord Licensing in Manchester guide covers every pathway from address verification through to post-grant compliance.
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