Royal Borough of Kingston upon Thames
If you need help understanding the property licensing rules in Kingston you have come to the right place! We are experts in housing regulation and have produced this free guide to help you understand the council’s property licensing schemes.
If you find that you need a licence for your rented property our support doesn’t end there. Our Landlord Suppliers Directory (view here) lists companies that offer a licence application handling service. You can also find companies offering a wide range of other goods and services to help you manage your property portfolio and achieve compliance.
Licensing Requirements
There is currently one property licensing scheme operating in Kingston upon Thames.
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:
- Shared houses and flats occupied by students and young professionals;
- Properties converted into bedsits with some shared facilities; and
- 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).
Kingston Council’s HMO licensing fee is £250 per room available to let. So that is £1,250 for a five bed shared house. Lower fees apply for licence renewals.
There is a discount of £100 if the licence holder or designated manager is a member of the London Landlord Accreditation Scheme or another approved scheme. The discount is only for new applications. It does not apply to licence renewals.
The fees are correct as of April 2024 but may be subject to change in the future. You can find the fees listed on the council’s website. You will need to download the licence application form to view the fees.
In Kingston upon Thames, you can download a licence application form, complete it by hand and send it back to the council. Alternatively, you can apply via the gov.uk website. Both options are explained on the council’s website.
If you need assistance with your licence application, you can find companies offering a licence application handling service in our Landlord Suppliers Directory (here).
It is important to remember that submitting a licence application is only the start of the licence approval process. To help landlords understand what happens next, we have published a free guide here.
Yes, Kingston Council’s HMO Standards can be downloaded from the council’s website.
The HMO standards cover a range of issues such as kitchen, bathroom and toilet facilities, fire precautions, heating, lighting and ventilation.
It is important to note that new absolute minimum bedroom sizes for licensed HMOs have been introduced for HMO licence applications approved on or after 1 October 2018:
- 4.64m2 for a child under 10 years old
- 6.51m2 for one person over 10 years old
- 10.22m2 for two people over 10 years old
The council can still ask for larger minimum sizes. These new minimum sizes apply throughout England to HMOs licensed under a mandatory HMO or additional licensing scheme.
In March 2024, 377 licensed HMOs listed were listed in the public register on Kingston Council’s website.
The council keeps a public register of all licensed properties which can be viewed on the council’s website.
In May 2019, Kingston Council estimated there were 500 properties that needed licensing under the mandatory HMO licensing scheme.
If you are operating a licensable but unlicensed property, it is important that you apply now to reduce the significant financial and reputational risks.
Ignore the law and you could pay a heavy price. You risk being prosecuted by the council and if found guilty you could get a criminal record, be fined an unlimited amount and ordered to pay court costs and a victim surcharge.
Alternatively, the council can issue you with a civil penalty notice of up to £30,000 for not having the correct licence without any warning being given, so this is really serious stuff. You could also be subject to a Rent Repayment Order and may have to repay up to 12 months rental income.
Whilst the property is unlicensed, you can’t use a Notice of Seeking Possession under Section 21 Housing Act 1988 to evict your tenants.
And following a successful prosecution, you would probably fail a fit and proper person assessment, making it very difficult for you to obtain a property licence in the future.
Don’t put your livelihood and reputation at risk. Make sure you comply with the law.
In London, most boroughs publish information about housing prosecutions and civil financial penalties on the Mayor of London’s ‘Rogue landlord and agent checker’. You can search the database by entering a property address, landlord / agent name or by selecting the relevant borough, available here.
There are landlord accreditation schemes operated by the London Landlord Accreditation Scheme, the National Residential Landlords Association (NRLA) and other organisations.
Whilst we don’t have any figures for the NRLA scheme, we have got information about the London Landlord Accreditation Scheme that is supported by all the London Boroughs. In January 2016, they told us there were 300 accredited landlords in Kingston upon Thames, which was in the bottom quartile when compared to all London boroughs.
January 2018: 420 accredited landlords
January 2019: 482 accredited landlords
January 2020: 522 accredited landlords
January 2021: 547 accredited landlords
January 2022: 665 accredited landlords
January 2023: 771 accredited landlords
By January 2024 there were 803 accredited landlords, which is second lowest when compared to all the London boroughs. To find out more about becoming accredited, you can visit the London Landlord Accreditation Scheme website here.
In addition to training and development, accredited landlords are entitled to various benefits, including discounted licensing fees in some boroughs. If you are not already a member, we would encourage you to think about joining!
In January 2023, Kingston Council told us they had no plans to replace their additional licensing scheme which ended on 28 February 2023.
We will monitor the situation closely and you can sign up to our free newsletter for all the latest news.
You will need planning permission if you are changing your property from a single-family property to a house in multiple occupation (HMO) occupied by more than six people. HMOs occupied by more than six people fall within ‘sui-generis’ use for which planning permission is required. You will also need planning permission if you a splitting up a property into smaller self-contained units of accommodation.
For small HMOs, the rules are a bit more complicated. HMOs occupied and shared by between three and six people fall into planning use class C4 whereas single-family properties fall into planning use class C3.
In April 2024, we checked on Kingston Council’s website and found that there is no HMO Article 4 Direction in force.
This means that you do not need planning permission for a change of use from a single-family property (use class C3) to a small HMO shared by three to six unrelated residents (use class C4), although the situation could change in the future.
Remember that this is only intended as general advice and no liability can be accepted for any reliance upon information provided. We would strongly encourage you to contact the Council’s Planning Department or seek independent legal advice before you start a new HMO development. Further information can be found on the council’s website.
We certainly can. We understand the challenges of being a private landlord and so we have developed a Landlord Suppliers Directory to provide you with access to the goods and services you need. The Directory concentrates on businesses that operate in the London area.
Whether you a looking for a letting agent, want a property inventory for a new tenancy or fire risk assessment, we have got it covered – and far more besides!
As the leading experts in property licensing, we also offer a range of services ourselves. From handling the licence application process to advice on new HMO developments, we can help to ensure your property business remains compliant. If you need assistance, please drop us a line and see if we can help!
New suppliers are regularly being added and we would encourage you to take a look. Some of our featured listings also contain YouTube videos, helping you to find out more about the business.
You can contact the council at:
Private Sector Housing Team
Kingston Council
Guildhall 2
High Street
Kingston upon Thames
KT1 1EU
Email: privatesectorhousing@kingston.gov.uk
Tel: 020 8547 5003
Website: www.kingston.gov.uk
Latest News
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Additional licensing scheme in Kingston upon Thames has ended
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Warning issued to London landlords as four new licensing schemes come into force in March 2018
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Kingston Council extends additional landlord licensing scheme until 2023
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Kingston Council are consulting on plans to renew additional licensing scheme despite low number of applications received
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Kingston Council have consulted on plans to renew additional landlord licensing scheme
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Appeal for more Kingston landlords to house Syrian refugee families
Consultations
There are currently no licensing consultations we are aware of in the Royal Borough of Kingston upon Thames
Schemes
There are currently no new licensing schemes we are aware of that are being introduced in the Royal Borough of Kingston upon Thames
