Temporary exemption from licensing

Find out what a temporary exemption from licensing is and when you can apply.

When you can apply

A landlord or managing agent can apply for a temporary exemption notice (TEN) when they are:

  • in control of a property which should have a licence
  • taking steps to ensure that the property no longer needs to be licensed

You do not need a TEN if your property is empty and unoccupied.

The issuing of a TEN is at the discretion of the council. There are limited reasons why we would allow a TEN.

When we will issue a TEN

The following are examples of when we might issue a TEN:

If:

  • there is a contract with an estate agent for the sale of the property
  • there is a Planning Application for change of use
  • a section 21 notice or section 8 notice was served on the tenants before the start of the relevant licensing scheme

When issued, a TEN usually lasts 3 months. It can be extended by 3 months in exceptional circumstances.  A TEN can be issued for a maximum of 6 months.

If we don't issue a TEN

If the Local Authority decide not to issue a TEN, we will serve on you a Notice, informing you of:

  • our decision
  • the reasons for the decision, and the date on which it was made
  • the right of appeal against the decision
  • the period within which an appeal may be made

Under Housing Act legislation temporary Exemption Notices must be recorded on a publicly available register.

If a licence holder dies

There is an automatic 3 month temporary exemption if the licence holder passes away during the licence period. The 3  months begins on the date of their death.

At the end of the 3 months, a second exemption may be granted on request. However, at the end of the 6 months an application for a licence must be made regardless of any ongoing estate or probate matters.

Find out more or apply

If you want to apply for a TEN or want to know more, send an email to psh@brighton-hove.gov.uk.