A prohibition order is issued under the Housing Act 2004 to immediately restrict the use of premises when significant health and safety issues are identified. These orders can prevent a property from being occupied until necessary safety measures are addressed.
In terms of exemptions, a property is fully exempt from needing a selective license if it is under a current prohibition order. Other exemptions may include circumstances such as the property being used as business premises or housing certain types of tenants, like students or family members.
Here's a summary of the exemptions related to licensing:
| Exemption Criteria | Details |
|---|---|
| Current Prohibition Order | The property is under a current prohibition order. |
| Business Use | The property is being used for business purposes. |
| Other License Required | The property requires a different type of license (e.g., HMO license). |
| Agricultural Tenancy | It's under a tenancy for agricultural land/holdings. |
| Control by Certain Authorities | Managed by a local housing authority, registered social landlord, or relevant authorities like police or fire services. |
| Student Accommodation | Occupied solely by full-time students, with management by the educational establishment. |
| Long-term Tenancy | Tenancy granted for over 21 years without early termination provisions, occupied by the original tenant or their family. |
| Family Members | The tenant is a family member of the landlord, meeting specific lease requirements. |
| Holiday Home | The property is used as a holiday home. |
| Shared Accommodation | The tenant shares accommodation with the landlord or family member of the landlord. |
| Temporary Exemption Notice (TEN) | Eligibility for temporary exemption while ensuring the property doesn't need a license. |
If you're considering applying for an exemption or trying to understand your obligations, you can find more details in the Selective Licensing section on the council's website.
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