Waltham Forest Temporary Exemption Notice: When You Can Delay a Property Licence

What Is a Temporary Exemption Notice?

A Temporary Exemption Notice (TEN) is a formal 3-month window granted by Waltham Forest Council under Section 62 (HMOs) or Section 86 (selective licensing) of the Housing Act 2004. It allows a landlord to operate a property that would otherwise need a licence without committing an offence — provided the landlord is genuinely taking steps to remove the property from the licensing requirement.

A TEN is not a shortcut to avoid licensing. The council will refuse one if there is no credible plan to exit the licensable arrangement.

Grounds the Council Will Accept

Waltham Forest considers TEN applications case by case. You may be eligible in situations such as these:

Property sale in progress. Contracts have been exchanged or the property is under offer to a buyer who will occupy it as their own home. The council expects evidence — a memorandum of sale from your solicitor, or a signed agreement from the estate agent confirming the sale timeline.

Owner occupation or reversion to non-licensable use. The owner is moving into the property, or has served notice on tenants and will revert it to a single-family let in one of the two selective-licensing excluded wards (Hatch Lane & Highams Park North, or Endlebury). A single-family let in one of the 20 designated wards still needs a selective licence.

Conversion works underway. The property is being converted to commercial use, or back to a single dwelling for owner-occupation or a single-family let in an excluded ward. A single-family let in a designated ward still needs a selective licence. The council may ask for planning approval or a building control application.

Death of the licence holder. If the sole licence holder has died, the licence is terminated and the estate's personal representatives may apply for a TEN while administration is sorted out. The council decides whether to issue it.

Duration and Extensions

A TEN lasts a maximum of 3 months from the date the council serves it. In exceptional circumstances, the council may issue one further 3-month notice if you apply before the first TEN expires. That brings the absolute maximum to 6 months. There is no third extension.

During the exemption period the property does not need a licence and the landlord is not committing an offence under Section 72 or Section 95 of the Housing Act 2004. But the moment the TEN expires, the full licensing requirement kicks back in. If the property is still licensable and no application has been submitted, the landlord faces civil penalties of up to £40,000 per offence under the Renters' Rights Act 2025 framework.

How to Apply

Apply through the council's online property licensing portal, using its separate Temporary Exemption Notice form:

1. Select "Apply for a temporary exemption" at propertylicensing.walthamforest.gov.uk. For help with the form, email [email protected] or call 020 8496 4949.
2. Provide documentary evidence — sale memorandum, tenant notice, planning application reference, or grant of probate.
3. The council assesses the evidence and either grants or refuses the TEN in writing.

Keep the written confirmation. It is your defence if the council's enforcement team queries the property's unlicensed status during the exemption window.

When a TEN Will Not Help

A TEN does not apply if you simply have not got around to applying for a licence, if you disagree with the licensing requirement, or if you want to wait and see whether the council will actually enforce in your area. Those are not steps towards removing the property from the licensing requirement — they are reasons to submit a full application now.

If your property needs a selective, additional or mandatory licence and there is no genuine exit plan, the step-by-step process is covered in our Waltham Forest landlord licensing guide — including the documents, fees and portal workflow.

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