Commentary on Sections Part 2 – Licensing of Houses in Multiple Occupation Section 75: Other Consequences of operating unlicensed HMOs: restriction on terminating tenancies
212.Section 75 provides that a landlord who is required to have a licence in respect of an HMO, but who does not have a licence, loses the right to automatic possession by use of section 21 of the 1988 Housing Act in relation to assured shorthold tenancies. This restriction ceases to apply if the landlord makes an application for a licence or for a temporary exemption notice.