Temporary Exemption notices
A temporary exemption is applicable where:
- In event of the death of licence holder within the last six months; or
- Steps will be taken so the house is no longer an HMO within the next 3 months.
The authority may either grant or refuse to grant a temporary exemption notice. This lasts 3 months.
Please note that if a TEN is granted the house will remain an HMO and you must comply with the HMO Management Regulations.
At the expiry of the notice, if the property remains licensable then the person must make an application for a licence.
In the event of Licence Holder death, there is an automatic three month TEN period from the date of death. There is no requirement to apply for a TEN however a second TEN can be obtained. This means there is a maximum six (6) month exemption period.
A person may request a second temporary exemption however the Housing Act 2004 only allows this to be granted in exceptional circumstances. This is for three (3) months. This means there is a maximum six (6) month exemption period.
Public Register - each TEN must be listed in the Register of TENs, which is available for inspection by the public at all reasonable times. It includes the applicants' name and address.
Fee - There is no fee for this notification
Process - Your application will be processed and reviewed. You will receive either:
- A notice informing you that a temporary exemption has been granted; or
- A notice of refusal informing you that the council has refused to grant the temporary exemption. If refused, you have a right of appeal to the First-tier Tribunal.
Independent Legal Advice These Notes are for guidance only. You should ask your solicitor or independent legal advisor to explain the law and what you are required to do under the Housing Act, 2004
Please note:
- this form usually takes about 10 minutes to complete
- the form will time out after 1 hour of no activity and any information you have entered will be lost
