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Landlord glossaryLicensing

Additional Licensing

A council scheme under section 56 of the Housing Act 2004 that requires a licence for HMOs not covered by mandatory licensing, typically shared houses with three or four occupiers. Mandatory licensing covers HMOs with five or more people from two or more households, however many storeys the building has. Additional licensing is separate from selective licensing, which covers all private lets in an area. Letting an HMO without a licence where a scheme applies is an offence, with a civil penalty of up to £40,000 and a Rent Repayment Order of up to two years’ rent for offences from 1 May 2026.

Reviewed by Erdem VolkanLast reviewed 16 September 2026How we check facts

What
A council scheme licensing smaller HMOs not caught by mandatory licensing
Law
Housing Act 2004, s.56
Covers
HMOs below the mandatory 5-person threshold in a designated area
Penalty if unlicensed
Up to £40,000 civil penalty + Rent Repayment Order

Why it matters

What Additional Licensing means for a landlord

Additional licensing lets a council require a licence for HMOs that fall outside mandatory HMO licensing, typically smaller shared houses. Whether your property needs one depends entirely on your local authority: the same 3-person HMO can be licence-free in one borough and licensable in the next. Renting an unlicensed HMO where a scheme applies is a criminal offence, exposes you to a civil penalty of up to £40,000 (or prosecution), and lets tenants reclaim up to two years’ rent through a Rent Repayment Order. Always check the specific council’s licensing designations before you let.

Worked example

How it plays out

Ella lets a three-bedroom house in a university town to three unrelated sharers. It is below the five-person threshold for mandatory licensing, but her council runs an additional licensing scheme covering smaller HMOs. She checks the council’s website before the tenancy, applies for a licence, pays the fee and meets the conditions on fire safety and waste. A friend with an identical house in a district with no such scheme needs no licence.
An illustrative example. Names, places and figures are made up.

Common mistakes

Where landlords go wrong

  1. 01Assuming a house with three or four sharers never needs a licence.
  2. 02Checking only mandatory licensing and not the council’s own schemes.
  3. 03Letting a licence lapse when a scheme is renewed or replaced.

What to do

A short checklist

  • Check your council’s website for additional licensing at each address.
  • Apply before the property is let as an HMO.
  • Diary the scheme end date and the licence expiry.

Sources

Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.