Do lenders check HMO licensing compliance?

Lending on Houses in Multiple Occupation (HMOs) involves inherent complexities and risks, primarily due to the specific legal and safety standards required by law. Consequently, lenders specialising in HMO finance conduct rigorous due diligence to ensure the property is fully compliant with all local authority licensing regulations before approving a loan. Non-compliance represents a significant risk to the lender’s security, potentially invalidating insurance, leading to substantial fines, or even forced closure by the council.

Do Lenders Check HMO Licensing Compliance? Understanding the Due Diligence Process

Investing in HMOs can offer attractive returns, but these investments are subject to much tighter regulation than standard single-occupancy buy-to-let properties. The requirement for licensing compliance is perhaps the single most critical legal element of an HMO investment, and specialist finance providers treat this matter with the utmost seriousness. Understanding the level of scrutiny lenders apply is essential for any landlord seeking HMO mortgages or bridging finance.

Why HMO Compliance is Critical for Lenders

A lender’s primary concern is protecting their financial interest. If they lend money against a property, they must ensure that property can be easily sold (liquidated) should the borrower default, and that the property’s value is stable and recoverable.

An unlicensed HMO presents several major risks that directly impact the lender’s security:

• Legal Liability: Local authorities have the power to issue unlimited fines, confiscate rental income (Rent Repayment Orders), or even place a management order on the property if it is operating illegally without the required licence. These actions severely impair the borrower’s ability to repay the mortgage.
• Valuation Risk: A surveyor, acting for the lender, must determine the market value. If they find the property requires a licence but lacks one, they may significantly down-value the property, or value it based only on its use as a standard single-family dwelling, massively impacting the loan-to-value (LTV) ratio.
• Insurance Invalidity: Most property insurance policies require the property to be legally compliant. Non-compliance could void the insurance, leaving the lender exposed if the property is damaged.

The Three Pillars of Compliance Checking

HMO licensing compliance is verified through a combination of checks performed by different parties during the application process:

1. Underwriting and Initial Checks

When you submit an application for HMO finance, the lender’s underwriter will ask specific questions about the property’s status, including the number of occupants, the number of storeys, and the household composition. They will typically require evidence of the licence or, if the property is being refurbished or converted, evidence that the local authority application process has begun.

If the property falls under the mandatory licensing regime, proof of a valid licence is usually a prerequisite for the formal offer. For information on when a licence is required, you can consult official government guidance from the UK government on HMO rules and regulations here.

2. The Valuation Survey

The surveyor, who acts on behalf of the lender, plays a crucial role. Their inspection is not merely about confirming structural integrity; it is also about verifying the property’s current legal status and its suitability for lending purposes.

• Fitness for Purpose: The surveyor will check the property against typical HMO standards, including fire safety measures (e.g., protected escape routes, fire doors, smoke detectors) and room sizes.
• Licence Verification: The valuation report usually contains a section where the surveyor confirms if the property is licensed, or if they believe a licence is required based on their inspection. A surveyor who notes that a property requires a licence but lacks one will flag this as a critical risk, which is often sufficient grounds for the lender to decline the application.

3. Solicitor Due Diligence

The solicitor, acting for the lender, conducts the final legal checks. They investigate the title deeds, local authority searches, and verify all necessary permissions are in place. This legal due diligence confirms that the property can be legally let as an HMO.

If there are any restrictive covenants or outstanding enforcement notices from the local council regarding licensing or required works, the solicitor will report these to the lender. If these issues are unresolved, the lender will refuse to complete the transfer of funds until the compliance issues are rectified.

Mandatory vs. Additional HMO Licensing

Lenders need to understand which regime the property falls under, as this affects the severity of the compliance breach:

Mandatory Licensing: This applies across England and Wales to all HMOs rented to five or more tenants who form two or more separate households, regardless of the number of storeys.

Additional and Selective Licensing: Local councils often implement additional licensing schemes that cover smaller HMOs (e.g., properties with three or four tenants). Selective licensing may cover any private rented property within a specific geographical area. Lenders need proof of compliance for all relevant local schemes.

If a property is found to be operating as a large HMO requiring mandatory licensing but does not have one, the risk is exceptionally high, and finance will almost certainly be denied or immediately withdrawn.

People also asked

Can I get a mortgage on an unlicensed HMO if I am applying for the licence?

Some specialist lenders may proceed with a mortgage offer if they receive concrete evidence that a formal licence application has been submitted to the local authority, and that the property currently meets all necessary safety standards. However, the release of funds is often conditional upon the successful granting of the licence, or the lender may retain a “retention” (a portion of the loan) until the paperwork is complete.

What is a ‘Retention’ in HMO financing?

A retention is a sum of money withheld by the lender until specific conditions are met, such as the completion of required works, or the issuance of the HMO licence. Once the borrower provides satisfactory proof that the condition is met, the retained funds are released.

Does non-compliance affect the professional valuation of the property?

Absolutely. If a property requiring a licence is valued but fails to comply, the surveyor must account for the legal risk. They may dramatically reduce the valuation based on its legal status, or value it based only on its use as a non-HMO property, which often results in a lower borrowing amount than anticipated.

How long does the HMO licence verification process take?

If the licence is already in place, verification by the solicitor is typically swift, relying on digital checks or copies of the official documents. If an application is pending with the local council, the process duration is governed by the council’s processing times, which can vary significantly depending on the local authority’s workload.

If my existing HMO mortgage requires a licence, what happens if it expires?

Mortgage agreements typically contain clauses requiring the borrower to maintain all necessary permissions and compliance throughout the term. If the licence expires and is not renewed, you may be in breach of your mortgage terms, which could lead the lender to seek remedies, potentially including forcing the sale or calling in the loan, depending on the severity and duration of the non-compliance.

Conclusion: Prioritising Legal Compliance

For professional landlords and investors, compliance is non-negotiable. Lenders rely on detailed checks from underwriters, surveyors, and solicitors to mitigate the significant risks associated with illegally operated HMOs. If you are seeking finance for an HMO, ensuring your property is fully compliant with mandatory, additional, and selective licensing schemes before or during the application process is the single most effective way to secure the finance you need and protect your investment.