Thurrock Temporary Exemption Notice: How to Apply for a TEN

What Is a Temporary Exemption Notice?

A temporary exemption notice (TEN) is a formal mechanism under the Housing Act 2004 that lets a landlord delay licensing for a short period while taking active steps to remove the property from licensable use. It applies to both HMO licensing (Section 62) and selective licensing (Section 86).

A TEN is not a way to avoid licensing permanently. It is a breathing space — typically three months — while you complete a specific action that will make the licence unnecessary.

Valid Grounds

The council will only grant a TEN if you can demonstrate that you are actively working to take the property out of the licensing requirement. Common grounds include:

• Selling the property to an owner-occupier (the sale is progressing and exchange or completion is imminent)
• Reducing occupancy by serving lawful notices to bring the number of tenants below the licensable threshold
• Converting back to single-family use — reverting an HMO to a C3 dwelling

The key word is "active." Vague intentions to sell or reduce occupancy at some unspecified future point do not qualify. The council expects evidence of concrete steps already underway.

How to Apply

Submit the TEN application through Thurrock Council's private housing portal. There is no application fee.

You will need to explain the specific action you are taking, provide a realistic timeline and include supporting evidence — an estate agent's instruction letter, a copy of a notice to quit served on tenants, or similar documentation.

Duration and Extensions

If granted, a TEN exempts the property from licensing for three months. During that period, you are not committing an offence by operating without a licence.

In exceptional circumstances, the council may grant a single three-month extension, capping the total exemption at six months. Extensions are not automatic — you need to demonstrate why the original three months were not enough and show that the action is still progressing.

If the Council Refuses

If the council refuses your TEN application, it must issue a formal notice of decision stating the reasons. You have 28 days from that notice to appeal to the First-tier Tribunal (Property Chamber). The 28-day deadline is strict — informal emails or complaints to the council do not extend it.

When the TEN Expires

Once the exemption period ends, you must either have completed the action (sold the property, reduced occupancy) or apply for a licence. If neither has happened, you are operating an unlicensed property from day one after the TEN expires, with full exposure to civil penalties and enforcement.

A TEN is a useful tool in genuine transition situations. It is not a loophole and the council treats speculative applications accordingly.

For the full licensing process and all available exemptions in Thurrock, see our Thurrock landlord licensing guide.

See more England guides →