Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you run a House in Multiple Occupation, or you let property in an area covered by selective licensing, you will know that local housing authorities hold significant power over whether you can operate, on what terms, and for how long. When a council refuses a licence, attaches conditions you disagree with, or serves a declaration you believe is wrong, the First-tier Tribunal (Property Chamber) is usually where those disputes are resolved.
This page pulls together the main appeal routes under Parts 2 and 3 of the Housing Act 2004 so you can see, at a glance, which application fits your situation. Licensing disputes are time-sensitive and procedural missteps can cost landlords dearly, so it helps to know what you are dealing with before picking up a form.
Overview
HMO and selective licensing sit within the Housing Act 2004. Part 2 covers mandatory and additional HMO licensing, which applies to larger shared houses and, in some council areas, smaller ones too. Part 3 covers selective licensing, which lets a local housing authority require licences for most privately rented properties in a designated area, regardless of whether they are HMOs.
When a council makes a decision about a licence, a Temporary Exemption Notice, or an HMO declaration, landlords and managers have a statutory right to challenge that decision at the First-tier Tribunal (Property Chamber) in England, or the Residential Property Tribunal in Wales. The tribunal can confirm, vary, or reverse the council's decision, and it hears the matter afresh rather than simply reviewing how the council acted.
Time limits are tight, usually 28 days from the decision being served, and late applications are only allowed in limited circumstances. Getting the right appeal route from the outset matters, because each ground links to a different section or schedule of the Act.
Key steps
Identify the decision you are challenging. Read the council's notice carefully and pinpoint exactly what has been decided: refusal to grant a licence, grant with conditions you dispute, variation, revocation, refusal of a Temporary Exemption Notice, or service of an HMO declaration. The correct appeal route depends entirely on this.
Check the statutory basis and time limit. Each type of appeal is rooted in a specific provision, typically Schedule 5 paragraphs 31 or 32, or sections 86, 255, or 256 of the Housing Act 2004. Most appeals must be lodged within 28 days of the decision being served, so diarise the deadline immediately.
Gather your evidence. Pull together the licence application, correspondence with the council, inspection reports, tenancy agreements, floor plans, fire safety documentation, and anything else that speaks to the property and the decision. The tribunal hears the case on its merits, so evidence quality matters.
Complete the correct tribunal form and pay the fee. Use the HMO and selective licensing appeal form from the First-tier Tribunal (Property Chamber) and set out your grounds clearly. A fee applies, and you should check gov.uk for the current amount before submitting.
Prepare for the hearing. Once the application is accepted, the tribunal will issue directions covering bundles, witness statements, and hearing dates. Comply with every direction on time, because the tribunal can penalise parties who miss deadlines, and turn up ready to explain your position in plain terms.
In England, appeals against HMO and selective licensing decisions go to the First-tier Tribunal (Property Chamber). In Wales, the Residential Property Tribunal hears these matters. The tribunal considers the case afresh, meaning it looks at the evidence and reaches its own conclusion rather than simply checking whether the council acted reasonably.
Q How long do I have to appeal a licensing decision?
In most cases you have 28 days from the date the council's decision is served on you. The tribunal can sometimes accept late applications where there is a good reason, but this is not guaranteed. Missing the deadline is one of the most common and avoidable reasons appeals fail, so act quickly once you receive the notice.
Q Can I appeal licence conditions I think are unreasonable?
Yes. Under Schedule 5, paragraph 32 of the Housing Act 2004, you can appeal against a decision to grant a licence on particular terms, which includes any conditions attached. You will need to explain why the condition is unreasonable or unnecessary and what alternative, if any, would be acceptable in your specific circumstances.
Q What is a Temporary Exemption Notice?
A Temporary Exemption Notice (TEN) gives a landlord a short window, usually up to three months, to take steps that will mean a property no longer needs a licence, for example by reducing occupancy. If the council refuses to issue a TEN, you can appeal that refusal to the tribunal under Schedule 5, paragraph 31 of the Act.
Q What is an HMO declaration and why would I challenge one?
An HMO declaration is a notice under section 255 of the Housing Act 2004 that treats a property as an HMO even where the statutory tests are borderline. Landlords often challenge declarations where they believe the council has misread the occupancy pattern or the layout, because a declaration can trigger licensing and management obligations.
Q Is there a fee for lodging an appeal?
Yes, the tribunal charges an application fee, and a further hearing fee may apply depending on how the case proceeds. Fees change from time to time, so check gov.uk for the current amounts before submitting. Fee remission may be available for applicants on low incomes or certain benefits, subject to the usual eligibility checks.
Q Do I need a solicitor to bring an HMO appeal?
No, the tribunal is designed to be accessible to unrepresented parties, and many landlords handle their own appeals. That said, HMO licensing can be technical, particularly where fire safety, planning, or management regulations overlap. Talking through your situation with an experienced legal adviser before you file can help you decide how to frame the case.
Unsure which HMO appeal route fits your situation?
HMO and selective licensing appeals hinge on picking the right statutory ground and hitting a tight deadline, which is hard to do cold. An experienced legal adviser can help you think through the decision you have received and what your options look like, based on what you describe on the call.
✓A plain-English walk-through of the appeal route that fits what you describe
✓Practical perspective on the 28-day deadline and what it means for your timing
✓Clarity on the evidence and documents worth gathering for your specific situation
✓Answers to your specific questions about the tribunal process and what to expect
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
