HMO and selective licensing in Kingston Council

Kingston publishes mandatory HMO licensing only: a licence is required where at least five people from more than one household share facilities. Its official HMO pages identify no additional or selective designation and note that not every HMO needs a licence, so a three- or four-person flat-share sits outside local licensing here. That is the opposite of most inner London boroughs, where additional schemes now cover smaller shared homes, and it means the whole Kingston question turns on the five-person mandatory test and the dates each occupier lived there.^[10]

Whatever Kingston designates locally, a large HMO shared by at least five people from more than one household needs a mandatory licence anywhere in England. The London licensing guide sets out the national tests that sit behind every local scheme.^[14]

Kingston publishes a downloadable HMO licensing register that includes licences and temporary exemption notices. Search both categories, because an exemption changes the conclusion even though it is not a licence. If the address is missing, Residential Enforcement can confirm whether a mandatory-HMO application is pending.^[11]

1. Download the register. Open HMO register (opens in new tab)^[11]
2. Search the exact address. Save a dated screenshot or download of the result. Councils must keep a register of licences, temporary exemption notices and management orders and make it available for inspection.^[15]
3. Ask about applications and exemptions. A missing entry is a reason to investigate, not proof of an offence, so ask whether a licence, application or exemption covered the dates you rented there.^[18]
4. Report or ask in writing. privatesectorhousing@kingston.gov.uk. Concerns about an HMO or possible licensing breach go to Kingston's Residential Enforcement team through the council's published contact details.^[13] Ask for a reference number and keep the reply.

Kingston inspects licensed HMOs and publishes requirements for amenities, occupancy, management, fire safety and supporting certificates. Because Kingston currently identifies only mandatory licensing, these conditions attach to the large-HMO category rather than every shared home. Compare the registered permitted occupancy with the residents and bedroom use, and send safety concerns directly to Residential Enforcement.^[12]

• National conditions are the floor. Every licence carries the prescribed conditions on gas, electrics, alarms, tenancy terms and waste, and can last up to five years; the London licensing guide lists them in full.^[16]
• Compare the licence with reality. The register entry or licence may identify the manager, the permitted occupancy and property-specific conditions. Check those details against how the home is actually occupied and managed.
• Keep separate evidence of hazards. A licence does not establish continuing compliance. Report disrepair or an immediate safety risk separately, and keep photographs, messages and certificates.

Do not assume every shared home is licensable: Kingston publishes only the mandatory scheme. Document at least five occupiers, their households, shared facilities and the period each paid rent. The downloadable register includes temporary exemption notices, so check both licences and exemptions, then ask Residential Enforcement about live or pending applications.^[10][11]

1. Confirm the scheme and dates. Match the address, occupancy and rental period to the designation in force at the time.
2. Ask the council in writing. privatesectorhousing@kingston.gov.uk. Ask Kingston Council whether an effective application or temporary exemption existed and when it took effect.^[13]
3. Check the legal position. An application, an exemption, a reasonable excuse or the identity of the person legally responsible (the "person managing or controlling" the property) can all affect whether an offence is proved.^[18]
4. Preserve the evidence. Keep the tenancy, rent payments, proof of occupation, dated searches and council correspondence.

For a licensing offence committed on or after the 1 May 2026 rule change, a tenant can ask the First-tier Tribunal for up to two years' rent, and normally has two years from the offence to apply. The tenant must prove the offence beyond reasonable doubt, and the tribunal decides any award from the statutory factors and evidence; recovery is never automatic.^[19] Older offence periods may be governed by earlier limits. Free housing advice is available from Shelter and Citizens Advice, and local law centres can help with tribunal cases.