Do lenders require proof of a property’s HMO licence?

Lenders financing Houses in Multiple Occupation (HMOs) in the UK almost universally require proof that the property complies with all current Local Authority licensing regulations. This proof is a crucial aspect of their due diligence, as an unlicensed HMO poses significant legal and financial risks that can undermine the security of the loan. Failure to provide a valid licence, or proof of a pending application, will typically halt the mortgage or bridging loan process.

A comprehensive look at if lenders require proof of a property’s HMO licence

Financing a House in Multiple Occupation (HMO) is inherently more complex than financing a standard single-family buy-to-let property. One of the single biggest hurdles property investors face is ensuring they meet the legal requirements set out by the Local Authority (LA) concerning HMO licensing.

The clear answer to whether lenders require proof of a licence is a resounding yes, especially when mandatory licensing applies. Lenders view the licence as concrete evidence that the property is legally fit for purpose and that the borrower (the landlord) has taken the necessary steps to meet safety standards and regulations.

Why HMO licensing is mandatory for certain properties

In the UK, a property is classified as an HMO if at least three tenants live there, forming more than one household, and they share toilet, bathroom or kitchen facilities. However, licensing requirements vary based on the size and location of the property.

Mandatory HMO Licensing

Since 2018, mandatory licensing applies across England and Wales if the property is occupied by five or more people, forming two or more separate households, regardless of the number of storeys. These properties must have a licence from the Local Authority.

Additional and Selective Licensing

• Additional Licensing: Some Local Authorities extend licensing requirements to smaller HMOs (three or four tenants) in specific areas.
• Selective Licensing: This usually applies to all rented properties (HMO or single-family) within a defined area, aiming to address problems like anti-social behaviour or low housing demand.

Lenders need to confirm which licensing criteria apply to the property being financed. If mandatory licensing is applicable, the proof of licence is non-negotiable.

The lender’s perspective: Mitigating financial and legal risk

Lenders are concerned with two primary factors when assessing an HMO mortgage or bridging loan application: the security of the asset and the borrower’s ability to repay the loan.

Asset Security and Compliance

An HMO licence confirms that the property meets essential standards, including fire safety, gas safety, electrical safety, and minimum room sizes. Without this compliance:

• The property could face hefty fines or Rent Repayment Orders (RROs) if found to be unlicensed, significantly reducing the borrower’s income.
• The Local Authority can issue an interim or final management order, taking control of the property and its rental income, thus eliminating the lender’s security and revenue stream.
• The property’s market value may be severely depressed if it cannot be legally rented out as an HMO, impacting the lender’s ability to recover the debt upon repossession.

Assessing the Landlord

Requiring proof of a licence also serves as a check on the borrower’s professionalism. It demonstrates that the investor is committed to responsible management and understands their legal obligations. Most lenders require the borrower to be deemed a “fit and proper person” by the LA, a status proven through the successful granting of the licence itself.

Documentation required during the financing process

When applying for financing, whether it’s a standard HMO buy-to-let mortgage or short-term bridging finance, lenders typically require specific documents related to compliance:

1. Copy of the Valid HMO Licence: If the licence has already been granted, the lender will need a certified copy showing the licence holder’s details, the expiration date, and any specific conditions attached to the property.
2. Proof of Application: If the property is being converted, acquired, or refurbished and the licence is pending, lenders will usually accept proof of a completed application submitted to the Local Authority, along with confirmation of receipt and the expected timeline. However, funds may be released in stages or subject to verification that the licence has been granted.
3. Safety Certificates: Required documentation often includes current Gas Safety Certificates, Electrical Installation Condition Reports (EICRs), and Fire Risk Assessments.

It is important to understand that lenders often conduct more rigorous checks on HMO applications than standard residential mortgages. This may include stricter valuations and enhanced due diligence on the borrower’s background.

The Role of Credit Searches

Lenders also assess the borrower’s credit history to gauge financial reliability. If you are preparing to apply for finance, checking your credit report beforehand is advisable to ensure accuracy and resolve any discrepancies.

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The impact of missing or non-compliant licences

If a lender discovers that a property requiring a mandatory licence does not possess one, or if the borrower has misrepresented the licensing status, the application will almost certainly be declined.

If the licence expires during the term of an existing mortgage, the lender may view this as a breach of the loan conditions, as regulatory compliance is usually enshrined within the mortgage agreement. The lender could demand immediate rectification or potentially call in the loan, depending on the severity and duration of the non-compliance.

For detailed information on current mandatory licensing rules and exemptions, it is always advisable to consult the government’s official guidance on HMO requirements published by the Department for Levelling Up, Housing and Communities. You can check the latest HMO regulations on the UK government website.

People also asked

Does the lender check for selective licensing requirements?

Yes, specialized HMO lenders and their surveyors are typically aware of areas where specific Local Authorities impose additional or selective licensing. Lenders treat non-compliance with selective licensing rules with the same seriousness as mandatory licensing, as operating outside these rules still exposes the property to legal risk and fines.

Can I get an HMO mortgage if my licence application is pending?

Many lenders will agree to lend if the licence application has been officially submitted and acknowledged by the Local Authority, provided the property already meets the necessary safety standards. However, the final release of funds or the interest rate offered may be conditional upon the licence being successfully granted shortly after completion.

What is a ‘fit and proper person’ test?

When applying for an HMO licence, the Local Authority assesses whether the landlord (or manager) is a ‘fit and proper person’ to hold the licence. This involves checking for any criminal convictions, breaches of housing law, or evidence of poor management. Lenders rely on the LA passing this test as part of their assessment of the borrower’s suitability.

What if I only intend to convert the property into an HMO after purchase?

If you are purchasing a residential property with the intent to convert it into a licensable HMO, you will likely need bridging finance initially. The lender will require robust evidence of the proposed conversion works, planning permission (if required), and a credible exit plan detailing how and when you will secure the necessary licence and refinance onto a long-term HMO mortgage.

How long is an HMO licence usually valid for?

HMO licences are typically granted for a period of up to five years. Lenders will carefully review the expiration date during the application process. It is the responsibility of the borrower to ensure the licence is renewed well in advance of its expiry to maintain continuous legal compliance and satisfy the terms of the finance agreement.

Conclusion: The necessity of licensing proof

For any financing related to an HMO, the licence is more than just an administrative document; it is fundamental to the viability and legality of the investment. Lenders are not simply asking for the licence as a formality; they are requiring it to confirm their security is sound, compliant, and legally capable of generating the income necessary to service the loan.

Property investors seeking HMO finance must ensure their property is fully compliant with all Local Authority requirements before seeking funding. Presenting a valid licence, or a clear pathway to securing one, will significantly streamline the application process and enhance the borrower’s profile in the eyes of the lender.