Waltham Forest Property Licence Exemptions and Temporary Exemption Notices

Properties Exempt From Licensing

Schedule 14 of the Housing Act 2004 and the specific designation terms exempt certain properties from all licensing requirements in Waltham Forest:

Social housing: Properties managed or controlled by local authorities, registered social landlords, or housing associations are exempt. This covers council housing, housing association lets, and supported accommodation under statutory frameworks.

Regulated student accommodation: University-managed halls of residence subject to approved national codes of management. Purpose-built student blocks operated by private companies are not automatically exempt — they typically need licensing unless managed directly by a higher education institution under an approved code.

Public sector accommodation: Buildings controlled or managed by public bodies, including police, NHS, and armed forces accommodation.

Resident landlord exemption: If you live in the property as your main residence and let rooms to a maximum of two lodgers, the arrangement is non-licensable. The key threshold is two lodgers — a third lodger pushes the property into HMO territory.

Family accommodation: Properties occupied under a family tenancy where no rent is payable, or where specific statutory care arrangements apply.

Temporary Exemption Notices

If you're taking steps to ensure a licensable property will no longer require a licence, you can apply for a Temporary Exemption Notice (TEN) under Section 62 or Section 86 of the Housing Act 2004.

Valid grounds include:

• The property is under contract of sale to an owner-occupier
• You've served formal notice to reduce occupancy to remove the licensing requirement (e.g., reverting an HMO to a single-family let in an excluded ward)
• Conversion works are underway to change the property from HMO use to single-family or commercial use
• The sole licence holder has died, triggering a temporary administration period

A TEN lasts 3 months. In exceptional circumstances, the council may grant a single 3-month extension upon formal re-application, bringing the absolute maximum to 6 months.

A TEN is not a way to delay licensing indefinitely. You must demonstrate that concrete steps are being taken toward the stated outcome. If you're still letting the property at the end of the exemption period and haven't followed through, you're operating unlicensed.

What Doesn't Qualify as Exempt

Some situations landlords assume are exempt but aren't:

Short lets and Airbnb: Do not assume that using a short-let platform makes a property exempt. Check the property's address, occupancy, and household structure against the council's licensing rules, including the HMO thresholds.

Properties awaiting renovation: An empty property doesn't need a licence while vacant. When it is occupied, check the address, occupancy, and household structure against the applicable licensing rules. Having works planned doesn't create an automatic exemption.

Properties in the two excluded wards: Hatch Lane & Highams Park North and Endlebury are excluded from selective licensing only. If the property houses 3+ occupants from 2+ households who share basic amenities, it still needs an HMO licence in those wards.

Proving Exempt Status

If the council contacts you about a property you believe is exempt, you'll need to demonstrate which exemption applies. Keep records of your residence (for the resident landlord exemption), your housing association registration, or your TEN acknowledgment from the council.

The Waltham Forest Landlord Licensing Guide covers exemption criteria in detail, including how to assess borderline cases and how to apply for a Temporary Exemption Notice through the council.

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