London Borough of Bromley

If you need help understanding the property licensing rules in Bromley 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. We can handle the licence application process and give you expert advice and guidance along the way (read here). Once you have read through our guide, if you do need any assistance you can contact us here.  

We also have a Landlord Suppliers Directory (here) to help you find the goods and services you need in the London area, with new suppliers regularly added. 

To help set the scene, the London Borough of Bromley is in South East London covering an area of 58 square miles. It is bordered by the boroughs of Croydon to the west, Lambeth and Southwark to the north west, Lewisham, Greenwich and Bexley to the north and with Kent to the south and east. According to the 2011 Census about 13% (1 in 8) of the housing stock was privately rented which is a lot lower than the London average of 25% (1 in 4).

Do I need a licence to rent out my property?

You do not need a licence if you rent your property to a single family as Bromley Council do not operate a selective licensing scheme.

If you rent your property as a House in Multiple Occupation (HMO), the answer is a bit more complicated. Whilst Bromley Council do not operate an additional licensing scheme, some HMOs do need a licence under the mandatory HMO licensing scheme that applies throughout England.

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).

How much does a licence cost?

Bromley Council have recently introduced a new two stage licence application fee, while also increasing the overal cost.

When applying, there is an initial HMO licence fee of £185 per unit of accommodation or household.

When the application has been processed, there is a second installment of £75 per unit of accommodation or household. 

So that would be £1,300 for a shared house with five lettings, up from £1,000 in 2017/18.

The council charge lower fees for licence renewals.

The fees we’ve listed as correct as of October 2018 and could be subject to change in the future. You can view the fees in full on the council’s website. You will need to download the application form and the fees are listed at the end of the document.

How do I apply for a licence?

When we last checked the council’s website in October 2018, the link to the online application system on the gov.uk website was not working.

Instead, you can download an application form from the council’s website, complete it by hand and then return it by post. The website also contains a landlord guide to licensing which you may find useful.

If you need assistance with your licence application, we can help you. We offer a unique hassle-free, one-stop-shop service to handle your licence application from start to finish and all for a fixed fee. As part of the service, we carry out an inspection of your property and provide expert advice on compliance. You can find out more about our licence application handling service here.

You can also find other companies offering a licence application handling service in our Landlord Suppliers Directory (here).

Are there any standards I need to comply with?

Yes, all licensed HMOs need to comply with standards that have been adopted by Bromley Council under the Housing Act 2004. You can download a copy by visiting the council’s website

The standards cover a range of issues such as kitchen, bathroom and toilet facilities, fire precautions, heating, lighting, ventilation and room sizes.

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 will apply throughout England to HMOs licensed under a mandatory HMO or additional licensing scheme.

How many properties has the Council licensed?

As of November 2014, Bromley Council told us they had licensed 63 HMOs, although by February 2016, that figure had reduced slightly to 58. 

The Council keeps a public register of licensed HMOs that is regularly updated. It can’t yet be viewed online but you can request a copy by email, post or by visiting the Civic Centre.

Are there lots of unlicensed properties still out there?

In February 2016, Bromley Council told us they had no estimate for the number of licensable HMOs operating without a licence as the number can change on a regular basis due to HMO occupation levels fluctuating, new HMO’s being created or discovered and former HMO’s falling out of multiple occupation.

However, they said they are confident that they are addressing all of the licensable HMO’s that are known to them, or are made known to them.

What happens if I don't get a licence?

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. We can help you get your property licensed! (find out more

Does the Council take much housing enforcement action?

Bromley Council told us they had taken six housing prosecutions over the four years from April 2011 to March 2015, so on average just over one prosecution a year. 

The council have not obtained any Rent Repayment Orders from the landlords of unlicensed HMOs over the six years from April 2011 to March 2017. This is based on data published by the Courts and Tribunals Judiciary. 

For all the latest information, you can search for housing prosecutions on the Mayor of London’s ‘Rogue landlord and agent checker’, available here

How many accredited landlords are there?

There are landlord accreditation schemes operated by the London Landlord Accreditation Scheme, the National Landlords Association (NLA) and the Residential Landlords Association (RLA).  

Whilst we don’t have any figures for the NLA or RLA schemes, 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 340 accredited landlords in Bromley, which was below the average of 493 for all London boroughs.

By January 2018, that figure had increased to 360, which is in the bottom five 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! 

Is the Council planning to introduce any new licensing schemes?

No. In February 2016, Bromley Council told us they have no proposals to introduce further licensing schemes although they are awaiting further information about government proposals to extend the mandatory HMO licensing criteria.

We will monitor the situation and keep you posted if anything changes.

Do I need planning permission for my HMO?

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 August 2016, we checked with Bromley Council and found that there is currently no HMO Article 4 Direction in force and there are no immediate plans to introduce one.

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. You can find more information on the council’s website.

Can you help me find the goods and services I need?

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. 

How do I find out more?

You can contact the council at: 

Residential Services Team
Bromley Council
Civic Centre
Stockwell Close
Bromley BR1 3UH

Email: housing.enforcement@bromley.gov.uk
Tel:     0300 303 8657
Website: www.bromley.gov.uk

Bromley News

Bromley Events

Bromley Comment

At a Glance

Licence Overview

No additional or selective licensing in Bromley but the mandatory HMO licensing scheme applies borough wide.

More Information

Contacting the Council

Tel: 0300 303 8657
Email: housing.enforcement@bromley.gov.uk
Weblink: Bromley HMO licensing

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