House in Multiple OccupationPresentation

Marion Anthony: Private Sector Housing Enforcement Officer

Meribel Mujih: Private Sector Housing Enforcement Officer

• What is a House in Multiple Occupation (HMO)

• HMO Rules, Regulations and Guidance• How do I apply for an HMO licence• HMO offences and what happens

afterwards

What is a House in Multiple Occupation?

A House in Multiple Occupation (HMO) is a property where 3 or more tenants forming 2 or more households share an amenity, such as, a bathroom or kitchen.

 

There are three main types of HMO’s following the Housing Act 2004 Legislation:

• Non Licensable HMO• Licensable HMO• Certain converted blocks of flats

Non Licensable HMO

Defined under s.254 of the Housing Act 2004

An entire house or flat which is let to:• At least 3 tenants, • forming 2 or more households,• Sharing facilities such as toilet, bathroom or kitchen

facilities with other tenants.

Licensable HMO

The Housing Act 2004 introduced a mandatory licensing system for dwellings under Part 2 of the Housing Act 2004;

Licensable HMO’s are defined as buildings that are:• 3 or more storeys high,• 5 or more tenants, • forming 2 or more household.

Certain Converted Blocks of Flats

Defined under S. 257 of the Housing Act 2004:

• A building which is converted entirely into self-contained flats, if the conversion did not meet the 1991 Building Regulations standard.

• More than one third of the flats are let out on short term tenancies.

Two Bedsits, two People (Non self-contained) Two bedsits, three people (Non self-contained) Self-contained flat

Two Bedsits, two People (Non self-contained) Two bedsits, three people (Non self-contained) Self-contained flat

Licensable HMO

• 3 or more storeys high,

• 5 or more tenants, • forming 2 or more

household.

Shared bathroom in converted Attic Two bedsits, three people (Non self-contained) Two bedsits, three people (Non self-contained)

Shared bathroom in converted Attic Two bedsits, three people (Non self-contained) Two bedsits, three people (Non self-contained)

Licensable HMO • 3 or more storeys

high,• 5 or more tenants, • forming 2 or more

household.

Three Students sharing a 2 story House

Three Students sharing a 2 story House

Non Licensable

• At least 3 tenants, • forming 2 or more

households,• Sharing facilities such

as toilet bathroom or kitchen toilet, bathroom or kitchen facilities with other tenants.

Three Bedsits, Five People Landlord and family (Self-contained) Shop

Three Bedsits, Five People Landlord and family (Self-contained) Shop

Licensable HMO • 3 or more storeys high,

• 5 or more tenants, • forming 2 or more

household.

Converted Self-Contained Flat Converted Self-Contained Flat Converted Self-Contained Flat

Converted Self-Contained Flat Converted Self-Contained Flat Converted Self-Contained Flat

s. 257 HMO

• A building which is converted entirely into self-contained flats, if the conversion did not meet the 1991 Building Regulations standard.

• More than one third of the flats are let out on short term tenancies.

Self-Contained Flat On 1st and 2nd floors With 5 or more people Sharing Self-contained flat

Self-Contained Flat On 1st and 2nd floors With 5 or more people Sharing Self-contained flat

Licensable HMO • 3 or more storeys

high,• 5 or more tenants, • forming 2 or more

household.

Self-Contained Flat On 1st and 2nd floors With 5 or more people Sharing Shop

Self-Contained Flat On 1st and 2nd floors With 5 or more people Sharing Shop

Licensable HMO • 3 or more storeys

high,• 5 or more tenants, • forming 2 or more

household.

Self-Contained Flat On 1st and 2nd floors Occupied by a single family Shop

• Not a HMO as it is occupied by a single house hold.

• Housing Act 2004 defines as house hold as:– all members of the house

hold are related, or– if a couple are living as

husband or wife (or equivalent relationship).

• Related means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;

• Half blood and step children are treated as whole blood.

Self-Contained Flat On 1st and 2nd floors Occupied by a single family Shop

Not an HMO

Purpose built Self-Contained Flat Purpose built Self-Contained Flat Purpose built Self-Contained Flat

Purpose built Self-Contained Flat Purpose built Self-Contained Flat Purpose built Self-Contained Flat

Not a HMO

• Purpose built flats do not meet the s.257 criteria of being converted to Building Regulation 1991 standard.

• Individual flats within the building may form an HMO dependant on the occupation.– 3 people or more– Forming 2 or more

households

• Second floor flat is a Non Licensable HMO

• Overall the building is not an HMO

Purpose built Self-Contained Flat Occupied by 5 people forming 3 households Purpose built Self-Contained Flat Occupied by 1 person Purpose built Self-Contained Flat Occupied by 2 people

Purpose built Self-Contained Flat Occupied by 5 people forming 3 households

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HMO Rules, Regulations and Guidance

Houses in Multiple Occupation have specific regulations that apply such as:• HMO Management Regulations 2006 and 2007• Housing Act 2004

– Housing Health and Safety Rating System (HHSRS) – HMO licensing

• LACORS Fire Safety Guidance • LACORS Overcrowding and Space Standards. • Essex Approved Code of Practice for HMO’s

To make sure that these rules and regulations are followed, Private Sector Housing Enforcement Officers (PSH) inspect all known HMOs.

HMO Management RegulationsHousing in Multiple Occupation Management Regulations are the primary piece of regulations under the Housing Act 2004 guiding the management of HMO’s. The regulations places duties on the Manager of a HMO to make sure common parts, fixtures, fittings and appliances are maintained.

There are two different regulations for Non Licensable HMO and Licensable HMOs:

Both regulations are practically the same except for The Licensing and Management of HMO Regulations 2007 has an additional regulation (3) outlining general duties of a manager and licence holder. All other duties remain the same.

Copies of the HMO Management Regulations can be found at:

The Management of Houses in Multiple Occupation (England) Regulations 2006;

http://www.legislation.gov.uk/uksi/2006/372/contents/made

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007;

http://www.legislation.gov.uk/uksi/2007/1903/contents/made

Non Licensable HMO Licensable HMO The Management of Houses in Multiple Occupation (England) Regulations 2006

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007

HMO Management Regulations

There are 7 prosecutable regulations relating to the HMO manager. Each breach of the HMO Management Regulations 2006 and 2007 is a prosecutable offence at a Magistrates Court with a maximum fine of £5,000 (EACH!)

s.3/4 Duty of manager to provide information to occupier.

s.4/5Duty of manager to take safety measures.

s.5/6 Duty of manager to maintain water supply and drainage.

s.6/7Duty of manager to supply and maintain gas and electricity.

s.7/8 Duty of manager to maintain common parts, fixtures, fittings and appliances.

s.8/9Duty of manager to maintain living accommodation.

Section 9 Duty to provide waste disposal facilities

The manager must—

(a) ensure that sufficient bins or other suitable receptacles are provided that are adequate for

the requirements of each household occupying the HMO for the storage of refuse and

litter pending their disposal; and

(b) make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority.

How do I apply for an HMO Licence

Where to apply for an HMO Licence

A licence can be applied for on our website: www.southend.gov.uk/hmolicence. Paper copies of the application form and guidance note are available upon request.

Please read the guidance document carefully before completing your application form.

Cost of a HMO application

The fee is £750 for the first 6 lets, and £50 per additional lettable unit thereafter. For online applications, fee payment is made by card payment when the application is submitted. If you are unable to apply and make payment online, the fee can be paid by ringing the Customer Service Centre on 01702 215000 and requesting to pay an HMO licence and quoting the HMO address.

It is a legal requirement for the council to hold a public register plus other information about HMO’s and privately rented properties. This information can be found on the Southend Borough Council website: www.southend.gov.uk/downloads/download/110/homes_in_multiple_occupation_hmos

What happens if I fail to licence

It is the licence holder’s responsibility to ensure that a complete application including fee and supporting documents is submitted to ensure there is no period where the property does not hold a licence.

The Council has powers and duties to act should the licence fail to be applied for.

Should you continue to operate the licensable HMO but fail to make a valid application and fee within a reasonable period, this would constitute an offence punishable by prosecution through the courts with a fine of up to £20,000.

 

The property owner could then be found ‘Not Fit & Proper’ to hold an HMO licence. An alternative licence holder would then be required.

What happens next if I fail to licence

The Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007 (RRO) These regulations allow for tenants and former tenants to reclaim backup to twelve months rent where a landlord rents out accommodation which should have been licensed.

Interim Management Orders (IMO)An IMO transfers the management of a residential property to the LHA for a period of up to twelve months.

Final Management Orders (FMO)The FMO transfers the management of the house to the LHA for a maximum of five years.

An FMO must be preceded by an IMO or another FMO.

What do I do if I have just realised I have an HMO?

• Inform PSH straight away via email or phone. An officer will contact you for an inspection and/or provide you with advice.

• If it’s a licensable HMO- apply for a HMO licence ASAP using the online link www.southend.gov.uk/hmolicence

Any Questions?