
A licence refusal is stressful, but it is rarely the end of the road. Councils do refuse HMO licence applications — and landlords have a clear statutory right to challenge that decision. Here is what actually happens, and what to do next.
Most refusals come down to one of a small number of issues: the property fails to meet room-size or amenity standards, fire safety provision is inadequate, the management arrangements are considered unsuitable, or the applicant (or a relevant person connected to the property) fails the "fit and proper person" test — for example due to a relevant unspent conviction or a history of housing offences.
In many cases, a refusal is avoidable. Deficiencies flagged during the application process can often be remedied before a final decision is made, which is why a thorough initial review of the property matters more than most landlords expect.
If your application is refused, the council must issue a decision notice explaining why. You then have the right to appeal to the First-tier Tribunal (Property Chamber) — normally within 28 days of the decision notice being served. The Tribunal reviews the case afresh; it is not simply reviewing whether the council followed its own process correctly, so new evidence and remedial works carried out since the original application can be put forward.
The Tribunal will look at the same factors the council considered — property standards, management suitability, and the fit and proper person test — but with fresh eyes, and it can substitute its own decision for the council's. Appeals are more likely to succeed where the landlord can show that identified deficiencies have since been addressed.
Don't let the clock run out on the 28-day appeal window while deciding what to do. Get in touch with us as soon as you receive a decision notice — we will review the council's stated reasons, advise honestly on whether an appeal is worthwhile or whether re-applying after remedial works is the faster route, and handle the process either way.
We handle the entire application process. Fixed fee from £300+VAT.
Get Your LicenceFree consultation: Not sure which licence you need? Call us on 020 1234 5678 for free advice.