HMOs that require licences

1. Houses in Multiple
Occupation (HMOs)
Regulations

2. HMOs – Housing Act ‘04
• Several ‘tiers’ of HMO – some require licensing, others do not
• All HMOs (whether licensed or not) must comply to HMO regulations
(The Management of HMO (England) regulations 2006)
• Properties may fall in and out of definition depending on the make up of
tenants

3. HMO - definition
• Several ‘tests’ to establish if an HMO:
• The standard test (regular self-contained properties such as a semi or
terrace)
• The self-contained flat test
• The converted building test

4. Standard and self-contained flat test
• Occupied by three or more people and
• Occupied by two or more households
• 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
• Same as previous but no requirement to share amenities
• Converted building definition is – The building has been converted from
a single property into one or more units of accommodation (s.254(8) HA
’04)
• 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
• All HMOs must have a manager who is responsible for ensuring
standards
• The ‘person managing’ the property includes both the individual/s
receiving the rent from the property and any appointed agent or trustee
• Legislation sets out requirements but the fine detail will be provided by
local authority (landlords should speak with local authority to ensure
compliance)

7. ‘Manager’ requirements
• Manager contact details on display
• Escape from fire and fire precautions maintained
• Steps are taken to protect occupants from injury
• Maintain water supply and drainage
• Annual gas safety check and electrical installations check every 5 years
• Repair and keep clean all common parts and installations, and ensure
common parts have adequate lighting

8. ‘Manager’ requirements
• Unit and furniture are clean at the start of the tenancy
• Maintain internal structure and installations and ensure that there is
appropriate collection of waste
• Provide adequate waste and storage facilities and ensure that there is
appropriate collection of waste

9. Non compliance
• Criminal offence not to comply with these regulations (although there is
a defence of ‘reasonable excuse’)
• Penalty on summary conviction being a fine not exceeding £5000, or (in
England only) the option of a civil penalty not exceeding £30,000
• Tenant must not hinder the manager in meeting their obligations and
must allow access at reasonable times. Tenants must behave in a
‘tenant like manner’ to assist the manager