Landlord licensing exemptions
Property licensing has several exemptions. This list below states the evidence you will need to supply for each exemption.
Contact us at privatelandords@gateshead.gov.uk to apply for an exemption.
| Exemption (as per the Housing Act 2004) | Example of exemption | Example of evidence (This list is not exhaustive) |
|---|---|---|
| A house or dwelling subject to a prohibition order served under the Housing Act 2004 (not including a suspended prohibition order). | A property with a prohibition order under S20 the Housing Act 2004, (opens new window) falls, temporarily, outside of the scope of the licensing provisions part 3 of the act. This will probably be because the order prohibiting occupation would trump licensing requirements. Licensing provisions continue to apply where there is a suspended prohibition order. | Copy of the prohibition order. |
| A property being used for business premises including a licenced premises such as a public house. | This applies to any tenancy which are for business purposes and are not residential tenancies. It also applies to any tenancy which requires a licence under the Licensing Act 2003 (opens new window), which may be used for the supply of alcohol. | Copy of the business tenancy agreement. Copy of the licence. |
| A tenancy for agricultural land or holdings. | This applies to any tenancy comprising of agricultural land which exceeds two acres and is let together with the dwelling house. Also, tenancies comprised in an agricultural holding where the tenant is responsible for the control of the holding. For example, a farm. | Copy of the tenancy agreement. |
| A property managed or controlled by a local housing authority, registered social landlord, a police authority, metropolitan police authority, a fire and rescue authority or a health service body. | This includes tenancies where we are the landlord (Gateshead Council), a registered social landlord, a police authority and a fire authority. It also includes tenancies where the landlord is a health service body. Any tenancy would be exempt where the landlord is one of the following:
| Local authority checks will likely determine this. If further evidence is required you may be asked to provide documents from a relative regulatory body. Registered social landlords must appear on the latest GOV.UK - Registered providers of social housing – updated monthly (opens new window) |
| A property which requires another type of licence such as a mandatory Houses of Multiple Occupation (HMO) licence. | A landlord must have a licence for a privately rented HMO if the rented property:
| For mandatory HMO licence applications and queries contact the HMO officer. 0191 433 2763 privatesectorhousingcivic@gateshead.gov.uk |
| Properties which are let as a holiday home. | This includes properties let on a short term let basis. | Copy of the let agreement, evidence of how the holiday let is advertised. Is the property registered for business rates (income dependant)? |
| Properties occupied solely by students undertaking a full-time course of further or higher education and where the person managing or in control of it is the educational establishment. | This does not exempt all lettings to students, only those where the building is occupied solely or principally by students and the landlord is the educational institution which they attend. This will usually mean halls of residence and equivalent. | Local authority checks will likely determine this. If further evidence is required you may be asked to provide documents from a relevant regulatory body. |
| Empty properties. | Properties which are not tenanted at the start of designation and remain unoccupied throughout the period of the licence (once there is an intention to let and prior to a tenant moving into the property, an application for a licence must be made) | Any evidence the property is vacant. For example, a Council Tax bill. |
| Temporary exemption notice (TEN) is in force. | Contact us to apply for a temporary exemption notice. | |
| A property where an interim or final management order is in force. | A management order is in force under part 4 of the The Housing Act 2004 (opens new window). | No evidence required local authority checks will determine this. |
| Regulated tenancies. | A regulated tenancy is in place (as defined by the Rent Act 1977 (opens new window)). This means a tenancy which was granted prior to 15 January 1989 and may include situations where a family member has succeeded to this tenancy. | Copy of the tenancy agreement and listing on the Valuation Office Agency fair rents register. |
| A building or a dwelling which is regulated under certain other statutory provisions. | Buildings or dwellings exempt from licensing because there is other legislation which regulates how they are operated. For example:
| Local authority checks will likely determine this. If further evidence is required you may be asked to provide documents from a relevant regulatory body. |
| A property where a tenancy or licence of a house or a dwelling is granted to a person who is a member of the owner's family. | Where the owner of a property lets to a relative, the property may be exempt from licensing. This will depend on the relationship between the owner and the relative. A relationship of the half-blood is to be treated as a relationship of the whole blood. | Documentation which evidences the relationship between the owner and the occupier, for example:
|
| A property which is occupied by the owner or members of the owner's family and up to two lodgers. | Lettings to lodgers may be exempt where there are two lodgers are living with the owner of the property or a member of the owner's family. If there are more than two lodgers, the property would require an Additional HMO licence. | Copy of lodger agreement if applicable.
Also, documentation which evidences who occupies the property such as a utility bill. |
Contact us
Private Sector Housing Team
Civic Centre
Gateshead
NE8 1HH
0191 433 3926 / 433 3365
privatelandlords@gateshead.gov.uk