There is quite a high chance you will need a licence to rent out your property in Hammersmith & Fulham although you need to study the arrangements carefully as one of the licensing schemes only applies to part of the borough. We will try to explain.
On 5 June 2017, Hammersmith & Fulham Council introduced a borough wide additional licensing scheme together with a selective licensing scheme that only covers part of the borough. Both schemes operate for five years until 4 June 2022. New licensing schemes will start on 5 June 2022.
There is also the mandatory HMO licensing scheme that applies across England. In total, there are three separate licensing schemes.
We will try to help you choose the right licence for your property.
1. Mandatory HMO licence
You will need a mandatory HMO licence if your property meets the standard test, self-contained flat test or converted building test HMO definition in section 254 of the Housing Act 2004 and is occupied by five or more people.
But what are these tests and what does this mean in practice? It means you need a licence for any house or flat that is occupied by five or more people who are not all related and live in the property as their main home. For example, it includes:
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Shared houses and flats occupied by students and young professionals;
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Properties converted into bedsits with some shared facilities; and
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Properties converted into a mixture of self-contained and non self-contained accommodation.
Prior to 1 October 2018, the mandatory HMO licensing scheme only applied to properties that were three or more storeys in height, but that restriction has now been lifted.
The government have decided to exclude purpose built self-contained flats within a block comprising three or more self-contained flats from the mandatory HMO licensing scheme. While this will be good news for some landlords, it does make the licensing scheme far more complicated.
To find out more, you can read our free guide to mandatory HMO licensing (here).
2. Additional licence
You will need an additional licence if your property is let as a House in Multiple Occupation that does not fall within the remit of the mandatory HMO licensing scheme. The scheme applies to all HMOs occupied by three or more people who are not all related.
The House in Multiple Occupation definition is not straightforward and you will need to study it carefully or seek advice. For example, Hammersmith & Fulham Council have included ‘section 257 HMOs’ within the additional licensing scheme. These are properties that:
a) have been converted into self-contained flats; and
b) less than two thirds of the flats are owner occupied; and
c) the conversion did not comply with the relevant Building Regulations in force at that time and still does not comply.
Until 4 June 2022, the scheme covers all section 257 HMOs. However, under the new scheme that starts on 5 June 2022, licensing of section 257 HMOs will be restricted to properties where none of the flats are owner occupied, the building is not owned or managed by two or more of the leasehold owners of individual flats within it (either acting individually or through a management company of which they are directors or officers), and the property is not in a designated selective licensing area.
This is a complex area of law and you may need further advice.
3. Selective Licence
You will need a selective licence if your property (house or flat) is let out to a single person, single household or two unrelated people and is on one of the designated streets.
Until 4 June 2022, there are 128 streets within the selective licensing scheme and you can view the list in full on the council’s website.
However, under the new scheme that starts on 5 June 2022, selective licensing will be restricted to 24 streets. This includes 16 streets that were previously subject to licensing and 8 new streets, as listed below:
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Askew Road
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Baron's Court Road (new to scheme)
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Bloemfontein Road
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Blythe Road (new to scheme)
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Coningham Road (new to scheme)
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Crookham Road (new to scheme)
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Dalling Road
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Dawes Road
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Fulham Road
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Goldhawk Road
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Greyhound Road (new to scheme)
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King Street
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Lime Grove
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New King's Road
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North End Road
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Richmond Way (new to scheme)
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Shepherd's Bush Road
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Sinclair Road (new to scheme)
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Scrubs Lane
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Talgarth Road
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Uxbridge Road
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Wandsworth Bridge Road (new to scheme)
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Woodstock Grove
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Wood Lane
If you rent a property to a single household in other parts of the borough, the selective licensing scheme does not apply.
In summary, if you rent out a House in Multiple Occupation in Hammersmith & Fulham, it will need to be licensed. If you rent out any other property, it will need to be licensed if it is in one of the streets that fall within the selective licensing scheme.
You can view the public notices for the additional and selective licensing schemes in the ‘More information’ box on the top right of this page.