Management Regulations and Inspections are required for both licenced and unlicensed HMOs in order for the property to be adequately managed as well as meeting the required safety standards.
The property manager is required to oversee:
The exterior and structural elements of the property.
The facilities that are interior to the property.
The Housing Health and Safety Rating System (HHSRS) – (Housing Act 2004) is a tool to evaluate risks and hazards to health and safety from any shortfalls found in properties.
The HHSRS is made up of 29 categories to assess if a property is rated as having Serious (Cat 1) or Other (Cat 2) hazards.
The categories are available in the Housing Health and Safety Rating System Operating Guidance –Annex D.
Guidelines can be found at: http://www.communities.gov.uk/documents/housing/pdf/142631.pdf
Supply of water and drainage to be maintained.
Safety measures to be put in place by manager in regard to but not exclusive to fire, gas and electrical safety.
Tenants to receive information from manager.
Waste disposal facilities to be provided.
Electricity and supplies to be maintained.
Fittings, fixtures and appliances to be maintained.
Living accommodation to be fit for purpose.
Local authority to be kept up to date with occupancy details.
If a manager fails to maintain these standards, then the Local Authority has the power to impose fines of up to £5000 for individual breaches of regulations.
Occupiers also have a duty to ensure that the manager can comply with the regulations and follow reasonable instructions put in place by the manager.
The Management of Houses in Multiple Occupation (England) Regulations 2006 No. 372 are found at: www.legislation.gov.uk.
Within the first five years of granting an HMO a licence a local authority must ensure that there are no Part 1 functions that need to be exercised against the property for which the licence was granted.
The Part 1 functions are set out at Section5 Housing Act 2004.
Section 234 Housing Act 2004 provides details of the duties that a landlord/manager must comply with in respect to managing an HMO.
If the landlord/manager does not follow the statutory requirements of managing an HMO a tenant should advise the local authority so that investigative/remedial action can take place.
