- The term Houses in Multiple Occupancy can be applied to an area where a tenant lives in shared accommodation.
- If this applies to the tenant’s property, the landlord will have to abide by and be subject to various statutory requirements and penalties.
- Section 77 and sections 254-259 of the Housing Act 2004 gives the legal definition of an HMO.
Licensing of HMO’s
- Details of the licenCing requirements for HMO’s in England are contained in the Licensing of Homes in Multiple Occupation Order 2006.
- Compulsory Licencing – Governed by Section 61 Housing Act 2004
- The following gives details of the properties that require compulsory licencing. These are:
- Three or more stories high.
- Occupied by five or more persons.
- Those persons form two or more separate households.
- Additional Licencing of HMOs – Governed by Section 56-60 Housing Act 2004
- Licencing over and above the aforementioned can be applied on a discretionary basis by Local Authorities.
- Selective Licencing of Other Residential Accommodation. – Governed by Section 79-80 Housing Act 2004
- A selective licencing scheme could be applied to HMO licenced property. This licencing could be used in areas of deprived housing and cover not just HMOs but all private rented accommodation.
Additional Criteria for Registration and Licencing
- The accommodation is acceptable for the number of people detailed under the licence.
- The person deemed to be the licence holder is fit and proper.
- The licence holder is the most appropriate person.
- Managerial and monetary functions are in place.
Requirements of an HMO
- To be fit for use an HMO must meet the following requirements:
- Correct food storage, preparation and cooking facilities are available.
- The occupants have exclusive use of enough WC’s.
- The occupants have exclusive use of enough basins, showers and baths with each having a working supply of hot and cold water.
- Fire alarms, fire escapes and other satisfactory fire systems are in place.
