HMO and selective licensing in Sutton Council

Sutton's borough-wide additional HMO designation was made on 22 December 2025, came into force on 22 March 2026, and its public notice says it ceases on 21 December 2030 unless revoked earlier. It covers HMOs occupied by three or more people from two or more households that are not already within mandatory licensing, and the notice also brings in certain converted blocks of flats where fewer than half the flats are owner-occupied; the council's committee papers and the notice describe that converted-block category differently, so ask the council if you rent in one. Sutton says it does not operate selective licensing.^[12]

Whatever Sutton 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.^[15]

Sutton publishes an online HMO register, updated quarterly, and says the full register can be inspected at council offices. If the quarterly file does not show the address, ask Environmental Health to check the live record, application queue and any temporary exemption covering the rental period.^[13]

1. Open the official register. Open HMO register (opens in new tab)^[13]
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.^[16]
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.^[19]
4. Report or ask in writing. environmentalhealth@sutton.gov.uk. Suspected unlicensed HMOs can be referred to Sutton's Environmental Health service through the council's published email or contact centre.^[12] Ask for a reference number and keep the reply.

Sutton's standards require suitable fire precautions and escape, adequate shared amenities, freedom from overcrowding and a property kept in good repair. Record the number of occupants using each kitchen and bathroom and any blocked escape route, then give those details to Environmental Health; licence status and a standards breach can require separate checks.^[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.^[17]
• 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.

In Sutton, first decide whether the home is a smaller HMO caught by the borough-wide additional designation or a large mandatory HMO. The additional scheme only began on 22 March 2026, so separate evidence from before and after that date. Because the online register is updated quarterly, ask Environmental Health to check the full register and any pending application.^[12][13]

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. environmentalhealth@sutton.gov.uk. Ask Sutton Council whether an effective application or temporary exemption existed and when it took effect.^[12]
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.^[19]
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.^[20] 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.