Landlord Advice UK Tenant Eviction Service For Landlords

Houses of Multiple Occupation

A House in Multiple Occupation (HMO) refers to a residential property where tenants from two or more households share common areas such as kitchens, bathrooms, or living spaces. HMOs are common among groups of unrelated tenants, such as students or young professionals, and are subject to specific legal and licensing requirements to ensure safe and suitable living conditions.

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What is an HMO?

An HMO is defined under Sections 254–259 of the Housing Act 2004. The most common type of HMO involves three or more unrelated individuals renting rooms within the same property and sharing communal facilities such as a kitchen or bathroom. However, the definition extends to a variety of living arrangements, including:

• Self-contained flats: Buildings comprising multiple self-contained flats can qualify as HMOs.
• Mixed-use buildings: Properties containing a mix of self-contained flats and non-self-contained units also fall under the HMO classification.

It is essential for landlords to assess their property’s layout and occupancy arrangements to determine whether it qualifies as an HMO.

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Why are HMOs Regulated?

HMO regulations exist to protect tenants from poor living conditions and overcrowding. The rules ensure that properties:

• Do not accommodate more people than they can safely house.
• Are maintained to a suitable standard, with regular monitoring of health and safety conditions.

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Licensing Requirements for HMOs

Some HMOs must be licensed, depending on the size of the property and the local council’s regulations. A licence is mandatory if the property meets the following criteria:

• Mandatory Licensing: The property is rented to five or more people forming two or more households and sharing facilities such as kitchens or bathrooms.
• Additional Licensing: Local councils may require additional licensing for smaller HMOs under their discretion.
• Selective Licensing: In some areas, councils require licences for all rented properties, including HMOs, under selective licensing schemes.

Operating an HMO without the required licence is a criminal offence, punishable by unlimited fines or a rent repayment order, which may require the landlord to refund up to 12 months of rent.

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Key Landlord Responsibilities for HMOs

Landlords of HMOs must comply with specific rules to ensure the property is safe and well-maintained. These include:

• Fire Safety: Install and maintain smoke alarms, fire extinguishers, and fire doors in compliance with fire safety regulations.
• Gas and Electrical Safety: Conduct annual gas safety checks and ensure the property’s electrical system is inspected every five years by a qualified professional.
• Adequate Facilities: Provide sufficient bathrooms, cooking facilities, and waste disposal systems for the number of occupants.
• Room Sizes: Ensure all bedrooms meet the minimum room size requirements:
  • 6.51 square metres for a single adult.
  • 10.22 square metres for two adults sharing a room.

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Planning Permission and HMO Conversion

If you are converting a property into an HMO, consult your local planning authority before starting any work or applying for a licence. Many councils require planning permission for changes to HMO use, particularly if the property falls within an area with an Article 4 Direction. This designation removes permitted development rights, requiring landlords to obtain explicit permission for HMO conversions.

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Consequences of Non-Compliance

Failing to meet HMO regulations or operate without the required licence can result in severe penalties:

• Unlimited Fines: Landlords can face significant fines for non-compliance with HMO licensing requirements.
• Rent Repayment Orders: Tenants or local councils can apply for a rent repayment order, requiring landlords to refund up to 12 months of rent.
• Banning Orders: Persistent breaches may lead to a banning order, prohibiting landlords from letting properties.

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HMO Rules at a Glance

Landlords of HMOs must prioritise tenant safety, property standards, and compliance with local council requirements. The combination of regular inspections, adequate facilities, and adherence to fire and gas safety regulations is crucial to avoid penalties and ensure a successful tenancy.

For specific guidance on your HMO, consult your local council or seek professional advice from our legal team to navigate licensing, planning permission, and legal obligations. By understanding and meeting HMO rules, landlords can maintain high standards and foster positive relationships with tenants while avoiding costly legal repercussions.