Information and common questions about the licensing process, requirements, and regulations for operating a House in Multiple Occupation (HMO). Whether you are a landlord or simply interested in HMO compliance, this webpage will provide you with valuable information.
Duration of a licence
At Wigan Council, we offer different lengths of HMO licenses based on the following non-exhaustive list:
- For landlords with a good history and commitment to maintaining high standards, a five-year licence will be granted
- If there are some concerns about management or property conditions, a lack of compliance, or if we have had to intervene in the past (though not severe enough to refuse a licence), we may issue licences for one to three years. After this period, a new application and renewal fee will be necessary
- For landlords new to HMO management in our borough, we provide a trial period by granting a one-year licence initially, with a view to extension after the first 12 months at no extra cost, subject to demonstrated compliance and a property inspection. This allows us to assess their management capabilities effectively
- For landlords of properties which have been unlicensed during a period when they should have been licensed, a one-year licence will be granted. After this period, a new application and fee will be necessary based on the above criteria.
In all cases of a licence shorter than 5 years being granted, the reasons and justifications for this decision will be communicated in writing.
To reflect the complex nature of Bed and Breakfast type properties and due to the high turnover and the way that these properties are occupied, licences will be granted for the maximum of two years to ensure that adequate measures are in place to manage these properties. Where there has been intervention or a history of non-compliance, a one-year licence may be issued.
In certain circumstances the licence period will be reduced accordingly to reflect the time period from when the licence should have been applied for to when it was actually applied for. This is to ensure fairness with those landlords who have applied in good time. In cases where incomplete applications are received and the applicant has failed to promptly provide the information required, the application is deemed invalid.
In these circumstances, the Council may consider it appropriate that the licence period should be reduced accordingly to reflect the delay. In cases where a licence has already been issued and new evidence comes to light which reveals concerns regarding the property condition or management, the Council may consider varying the licence to reduce the length of it.
Informing third parties, such as the mortgage provider, about the licence application
Schedule 5, Part 1 of the Housing Act 2004 requires that all relevant persons be served notice of the proposed licence. Any representations provided by relevant persons must be considered. Examples of relevant persons include the mortgagee, freeholder, and managing agent.
Licences for multiple HMOs
You are required to obtain a licence for every property that falls within the HMO licensing criteria.
Social Housing Provider licence requirements
A building where the person managing or having control of it is a non-profit provider of social housing, is not an HMO for the purposes of the Housing Act 2004 and therefore does not require a Mandatory Licence. Further details are available in Schedule 14 of the Housing Act 2004 (external link).
What to do when managing agent details have changed
If the managing agent is the licence holder, the licence will need to be revoked, and the new managing agent/owner will have to apply for a licence in their own right. If the managing agent is not the licence holder, you need to write to us and apply for a variation of the licence.
What to do when a licensed property has sold
Licences are not transferable to new owners. If a property is sold, the new owner will need to apply for a new licence to continue using the property as an HMO. If you are the licence holder, you must inform us when the property is sold and provide necessary evidence to support this, such as as completed TR1 form.
Definition of a 'fit and proper' person
We carry out checks to make sure the person applying for the HMO licence is a fit and proper person. When deciding whether someone is 'fit and proper', we must take into account:
- Any previous convictions relating to violence, sexual offences, drugs, or fraud
- Whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
- Whether the person has been found guilty of unlawful discrimination
- Whether the person has previously managed HMOs that have broken any approved code of practice.
We advise the HMO landlord or manager to be a member of a professionally recognised body or an approved landlords' association that is affiliated to the National Federation of Residential Landlords.
Appeal a decision made about an HMO licence
You may wish appeal if we decide to:
- Refuse a licence
- Grant a licence with conditions
- Revoke a licence
- Vary a licence
- Refuse to vary a licence.
You must appeal to the First-tier Tribunal (external link), normally within 28 days.
What happens if your licence application is refused
You may appeal to the First-tier Tribunal (external link) against the decision to refuse the licence, normally within 28 days.
Please note, a person commits an offence if he is a person having control of, or managing, an HMO which is required to be licensed but is not so licensed. The local housing authority may impose a financial penalty (not exceeding £30,000) on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to this offence.
Planning permission
On 15th July 2025 Wigan Council made a borough wide Non-Immediate Article 4 (1) Direction that removes permitted development rights for changes of use from individual dwelling houses to small houses in multiple occupation (HMOs).
This means from the 31st of August 2025 all HMOs, regardless of size, must have required planning permission in the Wigan borough.
Further information is available on our planning page.
Licensing costs and fees
View the latest fees.
Fees are reviewed annually and will differ dependent on the number of occupiers and whether the licence application is a renewal or a new application.
This fee accompanies the application form and covers the administrative costs of processing the application and determining whether to grant a licence.
The fee also covers the costs of re-inspections over the lifetime of the licence, plus a contribution towards the costs of identifying and enforcing HMOs.
Your licence application is not complete without full payment, and we will not issue the final licence until the fee has been paid in full.
The duration of the licence will not impact the licence fee required. The same officer time is required for all licences, regardless of duration.
How to pay for a licence
The licence fee can be paid online (external link). If you propose an alternate method of payment, please contact the HMO Licensing Team.
Types of HMOs not subject to licensing
Schedule 14 of the Housing Act 2004 details which properties are not HMOs for the purposes of the Act and therefore are not required to be licensed.
The exemptions include:
- Two persons – any building occupied by only two persons in two households
- A property where the landlord and their household lives with up to two lodgers
- Buildings owned or managed by a public body (such as the NHS or police), a local housing authority, or a registered social landlord
- A building where the residential accommodation is ancillary to the main use of the building, for example, religious buildings, conference centres etc
- Student accommodation managed directly by an educational establishment
- Buildings which are already regulated (and where the description of the building is specified in regulations), such as care homes, bail hostels etc
- Properties where the person having control is a Registered Provider of Social Housing.
Requirements for specialist and supported accommodation
Wigan Council’s HMO Standards are the requirements for HMOs in the private rented sector. There may be additional requirements for landlords working with the Council in providing specialist and supported accommodation.
For the Council’s strategy for supported and specialist housing, please see our Specialist Housing Prospectus.
Any queries relating to specialist or supported accommodation should be directed to [email protected].
Why there is an HMO register
Section 232 of the Housing Act 2004 requires every local housing authority to establish and maintain a register of all licensed HMOs within the authority. View the housing register.
The licence holder name and address are exempt from disclosure under Section 38 of the Freedom of Information Act 2000.
Section 38 (1)(b) states that information is exempt if its disclosure under this Act would, or would be likely to, endanger the safety of any individual. To disclose these details, could then put at risk the safety of vulnerable individuals by sharing their address.
As this is a qualified exemption, the Council is required to undertake a public interest test.
The Council acknowledges its obligations of transparency and accountability in all its undertakings. However, in this case, the safeguarding of vulnerable individuals would be put at risk by publishing these details and clearly outweighs the public interest in the transparency of information.
The Landlord Hub and why you must register on it
The Landlord Hub is our interactive service for landlords, allowing local landlords and letting agents to connect with the Council whilst accessing a range of useful resources, information and opportunities.
Ensuring licence holders are registered allows the Council to communicate directly with all licence holders and provide any useful information/opportunities which we would like to make licence holders aware of.
Who to contact about an HMO
Please visit our Contact the Housing Standards team page for details of who to contact.
For copies of this information in alternative or accessible formats, please contact us using the details above.