This guidance explains:
- what a variation is
- the circumstances that the council may consider appropriate
- the process for applying for a variation
- right of appeal
Variation to HMO licence
A variation is a change to an HMO licence. The Housing Act 2004 allows the licence holder, manager or other relevant interested party to ask the Council to change the licence.
Circumstances where a variation may be appropriate
A variation may be appropriate to:
- change the address of the licence holder
- update the licence where the current licence holder has changed their name (e.g. marriage / divorce)
- change the occupancy or household number (increase or decrease)
- change conditions to the licence (add or remove)
- change timescale to complete works
A variation can not be used to change the licence holder from one person to another person. Under the Housing Act 2004, licences are not transferable.
Variation application process
Complete the online form below explaining the change required.
The following information is required:
- address of HMO property
- your details and interest in the property e.g. licence holder or manager
- an explanation of the change required
- declaration - to declare that to the best of your knowledge the information you have provided is correct
Request an HMO licence variation online
There is no fee for a variation.
Your application will be processed and reviewed. This may include an inspection of the property.
You will receive either:
- a notice informing you the variation has been granted with immediate effect; or
- a notice informing you we intend to vary the licence and give an opportunity to make representations (objections) regarding the proposed change. Any representations are reviewed. Following this the variation may be granted. You have right of appeal to the First-tier Tribunal; or
- a notice informing you we intend to refuse the variation. In this case, you have an opportunity to submit representations (objections). Representations are reviewed. If we agree, you receive the variation. If we refuse, a notice of refusal is sent. You then have right of appeal to the First-tier Tribunal
Appeals
You may appeal to the First-tier Tribunal regarding the decision to vary or refuse to vary the licence.
The Tribunal is an expert independent tribunal that act in the same way as the County Court to confirm, vary or overturn the council’s decision.
Details of how to appeal will be included on the notice.
Any appeal must be made within 28 days of the decision being made.
