Eight Maids sharing a flat would be a Breach of HMO Regs if they are not related

A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from one ‘household’ (for example a family) but share facilities like the bathroom and kitchen. A landlord who wants to let a property as an HMO in England or Wales must contact the local authority to check if a licence is required. Easy to follow rules are as follows:-

a licence is required if rented to 5 or more people who form more than 1 household

A household is either a single person or members of the same family who live together. A family includes people who are:

• Married couples or couples living together as married (including people in same-sex relationships)

• Relatives or half-relatives e.g. grandparents, aunts, uncles, siblings, nieces, cousins

• Step-parents and step-children

Some domestic staff would be included in the household if they are living in the house as a result of the terms of their contract e.g. an adult carer and up to three people receiving care are a single household.some or all tenants share toilet, bathroom or kitchen facilities parents and foster children.

Mandatory Licensing of Large HMOs

From the 1st October 2018 the definition changed and the three storey requirement was dropped. This means single storey flats or two storey maisonettes will need a mandatory licence if they are let to 5 or more people who form more than one household. In addition, new mandatory licensing conditions were introduced prescribing national minimum sizes for rooms used as sleeping accommodation, and requiring landlords to adhere to council refuse schemes. This rule change applies to all tenancies.

The minimum standards applicable nationwide are:

• 4.64 m² for one child under 10 years of age

• 6.51 m² for one person over 10 years of age

• 10.22 m² for two people over 10 years of age

Any part of a room where the ceiling height is less than 1.5m is not considered as usable floor space. Minimum sleeping room sizes will apply to new mandatory HMO licence applications. In due course, all existing licences will also have to comply with these standards. Councils can also apply larger room size standards within their borough, but cannot set a standard lower than the above nationwide standards.

Additional Licensing
When a council imposes a policy requiring other sizes of HMOs to also be licenced. For example, a council can bring in additional licensing requiring all HMOs to be licenced.

If unsure whether a property requires a licence, please contact the local authority who will assist with any questions.

A licence will normally be granted where...

• Appropriate fire safety measures are in place such as smoke detectors, extinguishers etc 

• Annual gas safety checks are up-to-date

• The electrical wiring and appliances have been checked and certified as safe every five years

• The property is not overcrowded

• There are adequate cooking and washing facilities

• Communal and shared areas are kept clean and in good repair 

• There are appropriate refuse storage and disposal facilities

Once granted the licence must be clearly displayed within the communal areas along with the name, address and telephone number of the licence or property manager of the premises. A copy of the current gas safety certificate must also be on display. A copy of the HMO Licence must also be given to all tenants. 

Landlords are not allowed to evict existing tenants in order to avoid a property being licenced. Any attempt to obtain possession whilst a tenant is in situe in a property that should be licenced but isn't, will be considered a crime under the Protection from Eviction Act 1977, and the landlord or managing agent could be prosecuted. The Deregulation Act 2015 also states that a valid section 21/form 6A notice cannot be served to end a tenancy if the property is not licensed and requires a licence.

THE LOCAL AUTHORITY WILL TAKE INTO CONSIDERATION THE FOLLOWING:- 

• The suitability of the HMO for the number of occupiers

• The suitability of the facilities within the HMO, such as toilets, bathrooms and cooking facilities 

• The suitability of the landlord and/or the managing agent to manage the HMO (this is called the "fit and proper" test) 

• The general suitability of existing management arrangements of the property

The council must carry out a Housing Health and Safety Rating System (HHSRS) assessment on a HMO within five years of receiving a licence application. If the inspector finds any unacceptable risks, the landlord will be instructed to carry out works to eliminate them. The landlord must also notify the council if they plan to make changes to a HMO (structural or decorative), if the tenants make changes to the property, or if the tenants' circumstances change (e.g. they have a child).  The council will ensure that a licenced HMO is not overcrowded and has suitable shared amenities & facilities for the number of persons occupying it. If there are too many people living in the HMO at the time the licence is granted, the landlord must take reasonable steps to reduce the number of occupiers to the permitted number. 

If the landlord disagrees with any conditions the council sets, an appeal can be lodged with the First-Tier Tribunal.

What happens if a landlord doesn't apply for a licence?

It is a criminal offence to operate an HMO that should be licenced but isn't, the fines for non-compliance are unlimited. Local authorities also have a range of other enforcement options including the power to revoke an HMO licence.

Under a rent repayment order, landlords may have to pay back to a tenant any rent they have received, or any housing benefit they have received to the local authority, up to a maximum 12 months. The tenancy itself will not be affected if the landlord has failed to apply for or obtain an HMO licence, although the council may take over the management of the property as another method of enforcement. 

If a landlord or managing agent allows an HMO to be occupied by more households than it is licenced for, unless there is a reasonable excuse, they are committing a criminal offence and the fines are unlimited. If the breach is serious or persistent the licence may be entirely revoked. 

If the local authority is unable to grant a licence for a HMO then it will need to take over the management of the property until circumstances change and it can then be licenced. There are special rules that apply when a council takes over the management of an HMO.