Westminster Landlord Licence Conditions: Mandatory and Local Requirements
A Westminster landlord licence is not a one-off payment and a certificate in a drawer. It comes with conditions that run for the full five-year term, and breaching any of them carries a civil penalty of up to £40,000 for offences committed on or after 1 May 2026; the previous cap was £30,000. The conditions include national requirements for the licence type and discretionary local conditions that Westminster adds on top.
Mandatory National Conditions
The Housing Act 2004 requires conditions on gas and electrical safety and alarms. The 2018 Mandatory Conditions Regulations add room-size requirements to Part 2 HMO licences:
Gas safety. Provide an annual Gas Safety Certificate (CP12) from a Gas Safe registered engineer and supply a copy to all tenants within 28 days of the inspection.
Electrical safety. Keep electrical installations in a safe condition and supply an Electrical Installation Condition Report (EICR) to the council on request. The Electrical Safety Standards Regulations require a valid EICR with no C1 or C2 defects, renewed every five years.
Smoke alarms. Install and maintain working smoke alarms on every storey used as living accommodation. Test them regularly and replace units that fail.
Carbon monoxide alarms. Fit a carbon monoxide alarm in any room used as living accommodation that contains a fixed combustion appliance, excluding gas cookers. Since 1 October 2022, this includes appliances burning gas, oil or solid fuel.
Bedroom size caps (Part 2 HMO licences). Do not allow rooms below the statutory minimums to be used as sleeping accommodation (6.51 m² for one person over 10, 10.22 m² for two people over 10, 4.64 m² for one child under 10).
Waste disposal (Part 2 HMO licences). Provide suitable household-waste storage and disposal arrangements in line with Westminster's waste collection scheme.
Westminster's Local Conditions
On top of the national requirements, Westminster attaches discretionary conditions specific to the borough:
Property inspections. You must allow council officers to inspect the property on reasonable notice. The standard is a minimum of 24 hours' written notice for routine compliance checks. High-risk properties — large HMOs, buildings with poor compliance histories, or those subject to tenant complaints — may receive pre-grant inspections. Lower-risk properties might be licensed on a desktop review followed by post-grant spot checks.
Anti-social behaviour management. You must take reasonable steps to prevent and deal with anti-social behaviour by tenants and visitors. The council expects documented processes — records of complaints received, actions taken, and outcomes — not just a verbal undertaking.
Tenant referencing. Obtain references for tenants and keep records available for inspection. The exact referencing standard is not prescribed, but the council expects evidence that you have taken reasonable steps to verify tenants' identity and suitability.
Local waste arrangements. Follow Westminster's collection schedule, provide clear instructions to tenants and keep communal areas clean and free of rubbish.
Occupancy caps. The licence states the maximum number of occupants and households permitted in the property. Exceeding the stated cap is a licence breach, not just an administrative oversight.
What Happens if You Breach Conditions
A breach of licence conditions is a separate offence under sections 72(3) and 95(2) of the Housing Act 2004. For offences committed on or after 1 May 2026, the council can impose a civil penalty of up to £40,000 per breach; the previous cap was £30,000. The council may instead pursue criminal prosecution (an unlimited fine on summary conviction). Unlike operating without a licence, condition breaches do not directly trigger rent repayment orders — but they can lead to licence revocation, which then puts you back in the unlicensed category.
The enforcement process is the same four-stage sequence: Notice of Intent, 28-day representation window, Final Notice, and the right to appeal to the First-tier Tribunal within 28 days.
For a condition-by-condition compliance tracker you can use across the full licence term, the Westminster Landlord Licensing Guide includes a printable checklist that maps every condition to its renewal date and evidence requirement.
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