Short term lets - licensing scheme part 1: guidance for hosts and operators

3. Making an application for a licence

(a) Overview

3.1. For each premises, you can apply for one of the following:

a) a licence for home sharing

b) a licence for home letting

c) a licence for home sharing and home letting

d) a licence for secondary letting

3.2. This is because your licensing authority will only grant one type of licence per premises and may treat these applications differently, for example in terms of fees payable.

3.3. Accommodation on a single premises may only require one short-term let licence. If you have multiple accommodation units you should check with the licensing authority to find out how many applications you will need to submit and what application fees are applicable. For example, in order to recover the cost of processing a larger single application, licensing authorities may decide to charge higher fees for a single application that covers multiple accommodation units.

3.4. The table below is provided as a guide only, as licensing authorities set local policies and consider the circumstances of individual cases.

Premises that may be included on a single licence:

• Several pods, huts or other unconventional dwellings on the same field
• A flat containing multiple individually lockable guest bedrooms
• A main house with an attached annex

Premises that may require individual licences

• Detached, semi-detached or terraced houses
• Flats within a shared stairwell
• Separate premises such as outbuildings or converted garages

3.5. Home exchanges, ‘reciprocal and non-reciprocal' would be considered home letting and would require a licence if it is in the course of business. No licence is required where home-swapping is not in the course of business. Whether an individual's use of their property is in the course of business, and therefore requires a licence, will depend on the circumstances of the case.

(b) Application checklist

3.6. Your licensing authority website should have a copy of the application form and instructions about how to complete and submit it.

3.7. If you do not include all the information in your licensing application that the licensing authority has requested, you may find your application is returned to you. Annex B of this guidance provides an example of the type of evidence a licensing authority may ask you to provide. On their websites licensing authorities should tell applicants what documentation must be provided with their applications.

(c) Who should be named on the application

Hosts and operators

3.8. You, as the host or operator, should be named on the application form.

Owners

3.9. The owner(s) of the premises must be named on the application form.

3.10. Where premises are jointly owned, all owners must be named on the application form.

3.11. Where premises are owned by a business, for example as part of a portfolio, all company directors, partners, or other persons responsible for its management must be named on the application form.

Day-to-day management

3.12. Any people that you are asking to carry out the day-to-day management of your accommodation must be named on your application. For example, this might be a spouse, a friend or someone you employ.

3.13. If you have a letting agency to manage your premises, then your application form must name the directors, partners or others responsible for the letting agency. However, the employees of the agency do not need to be named.

3.14. You do not need to name everyone with any involvement in your arrangements. For example, cleaners and others who enter the premises do not need to be included on your application for that reason alone.

3.15. After the licence is granted, you may decide to make different arrangements for the day-to-day management of your premises (such as passing responsibility for the day-to-day management to a letting agency). If so, you must first notify and obtain the approval of your licensing authority.

3.16. If you want to appoint a new agent or day-to-day manager of your premises, you should contact your licensing authority to find out how to make that change.

(d) Consent from owners

3.17. Where the premises are owned by multiple owners one of the following will be required:

a) a declaration from each owner that they consent to the application

b) a declaration from a person who is authorised to act on behalf of all the owners

(e) Fit and proper person test

3.18. Everybody named on the application form will be subject to the fit and proper person test.

3.19. Licensing authorities are responsible for determining whether you are a fit and proper person to offer premises for short-term lets. Your licensing authority is likely to take account of the following:

a) relevant criminal convictions and other relevant information from the police

b) being disqualified from being a private landlord or having had letting agent or property factor registration revoked now or in the past

c) having had a licence for short-term lets or House in Multiple Occupation (HMO) revoked by any licensing authority

d) having had an application for a short-term lets licence refused by any licensing authority

e) providing false or misleading information in an application for a short-term lets licence, HMO licence or application to be a private landlord

3.20. Licensing authorities can also consider any other information they consider to be relevant. They will liaise with the police for information as appropriate. They have powers to request additional information, or make reasonable enquiries, for example to verify the details of all property owners.

3.21. The purpose of collecting this information is to assess the fitness of applicants and any agents (or day-to-day managers) to be involved in providing short-term lets.

3.22. The purpose of these checks is to: protect neighbours, guests and other people from harm and crime; and to assist the police in law enforcement.

3.23. Your application will be refused by your licensing authority if, in their opinion, you (or your agent) are not a fit and proper person to have a licence.

(f) Duration of your licence

3.24. The maximum duration for your first licence is three years, this also includes if you have applied for a provisional licence because you are building new short-term let premises. When you apply to renew your licence, your licensing authority could grant it for a longer period. Your licensing authority may grant licences of different durations to different hosts and operators. The reason for this should be set out in the licensing authority’s policy.

3.25. Different licensing authorities may have different policies and you should check your licensing authorities website for more information.

(g) Fees

3.26. You will need to pay a fee with your application. Fee levels are set by licensing authorities, usually agreed by the area’s Licensing Committee, Executive or Full Council and made up of locally elected councillors.

3.27. The exact fee that you need to pay may depend on a number of factors e.g. how many guests you want to accommodate or the number of bedrooms in your premises. Your licensing authority’s website will have information on the fees they charge and the methods of payment they accept.

3.28. If you have premises in more than one licensing authority area, the fees you pay may be different, even for a similarly sized property. This is because the number of short-term lets vary across areas and licensing authorities can only set fee levels on a cost recovery basis.

3.29. If your application is refused, your fee will not be refunded. However, you may receive a partial refund depending on the authority’s policy and how far your application has been processed.