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An HMO licence is granted personally to the licence holder and cannot be transferred to someone else — including an executor or administrator. When the landlord dies, the licence lapses. The estate has 28 days to apply for a Temporary Exemption Notice (TEN) from the local authority, followed by a full new licence application, to avoid operating an unlicensed HMO. Operating without a licence is a serious criminal offence carrying an unlimited fine.
A House in Multiple Occupation (HMO) that requires a licence under Part 2 of the Housing Act 2004 is one of the most complex property assets to administer after a landlord's death. The licensing requirements do not pause for bereavement — the law continues to apply from the moment of death, placing immediate obligations on the executor. This guide explains what must be done, and when.
A property is an HMO if it is occupied by three or more people forming two or more households, who share basic amenities such as a kitchen or bathroom. There are different categories of HMO, and not all of them require a licence.
Mandatory HMO licensing applies to any property occupied by five or more people forming two or more households, where those people share facilities. This is the national mandatory scheme introduced by the Housing Act 2004 and extended in 2018.
In addition, many local authorities operate additional licensing schemes that cover smaller HMOs — including some that require a licence for three or four occupants. The existence and scope of additional licensing schemes varies significantly between councils. Executors should check with the relevant local authority whether additional licensing applies.
Check before assuming:
Some properties that look like HMOs are exempt from licensing — for example, purpose-built blocks of flats managed by a housing association, properties managed by local authorities, and some properties subject to planning conditions. An executor should confirm the licensing position with the local authority as the very first step, before making any applications.
When the landlord of a licensed HMO dies, the licence lapses immediately. The Housing Act 2004 provides a limited mechanism for dealing with this situation. The person managing the property (in this case the executor or administrator of the estate) can apply to the local authority for a Temporary Exemption Notice (TEN).
A TEN lasts for three months. During this period, the property is treated as exempt from the requirement to hold a licence — allowing the executor time to arrange a new licence application or to take steps to dispose of the property.
A second TEN can be applied for, extending the exemption by a further three months. Beyond that, if no permanent licence has been obtained, the property will be operating unlicensed.
The application for a TEN should be made as quickly as possible — certainly within 28 days of the death. Executors should write to the local authority's private rented sector or housing team, explaining the situation and enclosing a copy of the death certificate and evidence of the executor's appointment. Many councils have forms specifically for this situation.
Alongside or following the TEN application, the executor will need to apply for a new HMO licence in their own name (as personal representative of the estate) if the property is to continue operating as an HMO during administration. Alternatively, the executor may appoint a professional property manager to act as the licence holder.
A new licence application requires:
If safety certificates have lapsed — which is common where a landlord has been unwell — the executor must arrange fresh inspections before a licence will be granted. The estate bears the cost of these.
During any period when the HMO is technically unlicensed — either because the TEN application was delayed or because a new licence has not yet been granted — the tenants' rights are fully protected. Tenants in an unlicensed HMO:
Rent Repayment Orders are made by the First-tier Tribunal (Property Chamber) and are increasingly used by tenants and local authorities alike. The estate can be held liable even though the licensing failure was not deliberate — the obligation is strict.
From the moment of death, the executor stands in the shoes of the landlord for all purposes. This means the executor (or any manager they appoint) is responsible for:
Executors who are not experienced landlords should seriously consider instructing a professional managing agent to take over day-to-day management of the HMO immediately. The estate pays the management fee from the rental income, and the agent can handle licence applications, safety certificates, and tenant communications.
When the time comes to sell the HMO property — either to a buyer who will continue to operate it as an HMO, or to one who intends to use it differently — the executor should be aware of the following:
Selling an occupied HMO requires specialist conveyancing solicitors who are experienced with HMO properties. The process is more complex than a standard residential sale, and the estate should budget accordingly.
Civil penalties as an alternative to prosecution:
Since 2017, local authorities have had the power to impose civil penalties of up to £30,000 as an alternative to criminal prosecution for HMO licensing offences. The estate can be subject to such a penalty even where the unlicensed period arose through the circumstances of the landlord's death rather than deliberate evasion. Acting quickly to obtain a TEN and a new licence is the most effective way to avoid enforcement action.
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