You must ensure that the application form is completed correctly, full payment is made, and all of the required supporting documents are included.
How we decide the outcome of your licence application
We will grant licences if all of the following apply:
- The house contains five or more unrelated persons from two or more households
- The applicant is a 'fit and proper' person and the most appropriate person to hold the licence
- The proposed manager has control of the house and is a 'fit and proper' person to be the manager
- The management arrangements are satisfactory
- The house is suitable for the number of occupiers permitted by the licence
- The applicant is registered through Wigan Council's Landlord Hub. The Landlord Hub allows local landlords and letting agents to connect with the Council whilst accessing a range of useful resources, information, and opportunities.
What happens if you fail to apply for an HMO licence
If you fail to apply for a licence, there are a range of sanctions that could be applied:
- It is a criminal offence to operate a licensable HMO without applying for a licence. You could face prosecution or a civil penalty of up to £30,000
- It is a criminal offence to breach your licensing conditions. You could face prosecution or a civil penalty of up to £30,000
- If the council cannot grant a licence, or a licence is revoked, an Interim Management Order (IMO) may be made. This will transfer the management of the property to the local authority. The council can then spend monies received through rents to cover the costs of managing the property
- If a landlord operates a licensable HMO without a licence, Section 21 procedures (external link) to evict tenants cannot be used
- Any rent received while the property was unlicensed may have to be paid back to the local authority, or in certain circumstances the tenant.
How long will my licence be granted for
At Wigan Council, we offer different lengths of HMO licences. Reasons for granting any licences for less than five years will be communicated in writing. Please visit our HMO further information page for more information.
What happens if I want to have my licence revoked or varied
Should you wish to discuss the variation or revocation of your HMO licence, please contact the HMO licensing team.
Fit and proper manager
The proposed manager controlling the property is required to be a qualified 'fit and proper' person, therefore they will need to provide a Basic Criminal Disclosure Certificate (external link), obtained within six months of the date of application. Licence applications cannot be processed without this certificate.
Inspections
We will inspect all licensed HMOs at least once during the licence period as part of a regular inspection process.
During an inspection, an authorised officer will identify any housing health and safety hazards, and the potential risks to the occupant(s) and/or visitors that may enter the property over the next 12 months. We will also assess compliance with the HMO Management Regulations and conditions of the licence.
Section 239 of the Housing Act 2004 (external link) provides the local authority powers of entry to residential premises in specific circumstances.
Fees and Charges