Which possession proceedings?
HMO Properties
If your property is an HMO, the next thing to do is find out if it needs an HMO license.
As the situation will vary from Local Authority to Local Authority, probably the best thing to do is to contact your Local Authority and see what the situation is for your property. Landlord Law members will also be able to look up the information on our  Local Authority Directory.
If your property needs a license
If you have not already got one, you need to make an application for a license ASAP. Not least because running an unlicensed HMO will make you vulnerable to prosecution and the penalties can be severe. Plus your tenants can apply for a rent repayment order.
The other reason is because any section 21 notice served will be invalid if it is served on tenants in an HMO which needs a license but does not have one.
There are two exceptions.
- The first is that you CAN serve a valid section 21 notice after you license application has been submitted and is being processed by the Local Authority – even if it is not in the end granted.
- The second is to apply for a  temporary exemption notice. However be aware that these can only last for three months and you can only apply for one extension. So you will need to proceed with your section 21 notice and proceedings promptly.
If your property does not need a license or if you already have one
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Note that if you are worried about things you can always use our HMO telephone Hotline advice service. This will be provided by a solicitor who specialises in this area of law.
