The law on HMOs
Consultation
HMO licensing is a national scheme - it isn't subject to local consultation under the Housing Act 2004.
Only those with a legal interest in the property need to be consulted. We are not required to consult with neighbours or local residents under the law.
HMOs and Article 4
We are unable to prevent or reduce the number of HMOs in any given area - we are duty bound to licence any HMO on receipt of a valid HMO application under the Housing Act 2004.
There are provisions in planning law that, if triggered, require planning permission for HMOs in a particular area (Article 4).
Our Planning team carried out research in 2022/23 to look at the number and distribution HMOs along with the effects of HMOs being concentrated. They identified 6 hotspot wards containing the highest numbers and concentration that will be subject for further local analysis.
An Article 4 direction came into force on 24 April 2024 for new HMOs in the Kingswood ward of Corby - this means landlords need to get planning permission for a new HMO in this area but it doesn't limit the number of HMOs.
Following extensive research by our Planning department, there was little evidence to suggest that any other area met the criteria or need for an Article 4 direction to be implemented.
Extending the Article 4 across Corby
It is unlikely that an Article 4 direction could be put in place for the whole of Corby as it would be likely to be overturned by the Secretary of State as it would not be applied to the smallest geographic area possible as set out in national planning guidance:
54. The use of Article 4 directions to remove national permitted development rights should:Paragraph 54 of the National Planning Guidance National Planning Policy Framework
a) where they relate to change from non-residential use to residential use, be limited to situations where an Article 4 direction is necessary to avoid wholly unacceptable adverse impacts (this could include the loss of the essential core of a primary shopping area which would seriously undermine its vitality and viability, but would be very unlikely to extend to the whole of a town centre)
b) in other cases, be limited to situations where an Article 4 direction is necessary to protect local amenity or the well-being of the area (this could include the use of Article 4 directions to require planning permission for the demolition of local facilities)
c) in all cases, be based on robust evidence, and apply to the smallest geographical area possible.
55. Similarly, planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so
Selective and additional licensing
The government provides guidelines that could justify a decision to introduce selective licensing.
We currently do not meet the threshold for selective licensing as we do not have 'a significant and persistent problem caused by anti-social behaviour'. There is no proven link at present between ASB and HMOs, so we cannot justify selective licensing.
We also do not meet the threshold for additional licensing where 'the local authority believes that a significant proportion of HMOs are poorly managed' - so it would not be an appropriate scheme for North Northamptonshire at the present time.
Last updated 22 October 2025