How can I obtain a Temporary Exemption Notice (TEN)
The person having control or managing the property must notify the Council of the intention to take the particular steps, which will effectively result in an end to the licensing requirement, and evidence must be provided as to how this will be achieved.
This must be done in writing and a TEN application form has been produced to assist you to do this effectively:
TEN Application Form
Alternatively you can write to us using the details below.
What happens next?
The Council will consider any such notification made to us and, if appropriate, may serve a TEN on the applicant, in respect of the property. During the time the TEN is in force the property is not required to be licensed for three months from the date it is served.
In exceptional circumstances, and following a further application, a second TEN may be granted, which will come into force on the immediate expiry of the first. This is for a further three months and as it is an extension of the first TEN it cannot be granted for another reason. A second TEN can only be served if there is an exceptional reason for doing so, for example, because of unforeseen circumstances the objective of the first TEN could not be achieved within the initial three month period. No further TENs, after the second had been issued, may be granted.
If the Council decides not to grant a TEN (first or second) a notice will be served on the applicant which will contain:
- the decision;
- the reasons for the decision and the date it was made;
- the right of appeal against the decision to the Residential Property Tribunal (RPT) and the date by which an appeal must be brought;
- the address of the RPT.
Where a person having control of or managing a house which is required to be licensed, notifies the Council of the intention to take particular steps which will result in the property no longer being licensable, a temporary exemption notice (TEN) can be served. Examples of these steps include, but are not limited to:
- putting the property on the market for sale with vacant possession or;
- changing the use of the property from residential to some other use or;
- the property becoming owner occupied.
The purpose of the TEN is to allow the applicant to put the affairs of the property in order to enable the steps to be implemented and cannot be used to simply avoid the licensing requirements.