2. HMOs ā Housing Act ā04
ā¢ Several ātiersā of HMO ā some require licensing, others do not
ā¢ All HMOs (whether licensed or not) must comply to HMO regulations
(The Management of HMO (England) regulations 2006)
ā¢ Properties may fall in and out of definition depending on the make up of
tenants
3. HMO - definition
ā¢ Several ātestsā to establish if an HMO:
ā¢ The standard test (regular self-contained properties such as a semi or
terrace)
ā¢ The self-contained flat test
ā¢ The converted building test
4. Standard and self-contained flat test
ā¢ Occupied by three or more people and
ā¢ Occupied by two or more households
ā¢ Two or more of the households share toilet, personal washing
facilities or cooking facilities (or the accommodation lacks one of
these amenities)
5. Converted building test
ā¢ Same as previous but no requirement to share amenities
ā¢ Converted building definition is ā The building has been converted from
a single property into one or more units of accommodation (s.254(8) HA
ā04)
ā¢ One or more of the units of accommodation are not self-contained flats
(whether or not it also contains some units that are self-contained flats)
6. How to manage a HMO
ā¢ All HMOs must have a manager who is responsible for ensuring
standards
ā¢ The āperson managingā the property includes both the individual/s
receiving the rent from the property and any appointed agent or trustee
ā¢ Legislation sets out requirements but the fine detail will be provided by
local authority (landlords should speak with local authority to ensure
compliance)
7. āManagerā requirements
ā¢ Manager contact details on display
ā¢ Escape from fire and fire precautions maintained
ā¢ Steps are taken to protect occupants from injury
ā¢ Maintain water supply and drainage
ā¢ Annual gas safety check and electrical installations check every 5 years
ā¢ Repair and keep clean all common parts and installations, and ensure
common parts have adequate lighting
8. āManagerā requirements
ā¢ Unit and furniture are clean at the start of the tenancy
ā¢ Maintain internal structure and installations and ensure that there is
appropriate collection of waste
ā¢ Provide adequate waste and storage facilities and ensure that there is
appropriate collection of waste
9. Non compliance
ā¢ Criminal offence not to comply with these regulations (although there is
a defence of āreasonable excuseā)
ā¢ Penalty on summary conviction being a fine not exceeding Ā£5000, or (in
England only) the option of a civil penalty not exceeding Ā£30,000
ā¢ Tenant must not hinder the manager in meeting their obligations and
must allow access at reasonable times. Tenants must behave in a
ātenant like mannerā to assist the manager