Houses in Multiple Occupation (HMO)

The Housing Act 2004 which came into force on 6 April 2006, introduced radical reforms to private sector housing enforcement work, including a mandatory scheme to licence certain high risk HMOs.

The term HMO applies to a wide range of housing types, mainly in the private rented sector, that young, lower-income single people, including particularly vulnerable and disadvantaged people, typically occupy. Physical and management standards are sometimes low.  The risk of fire in an HMO can be greater than in a property occupied by a single family.

Definition of an HMO

The Housing Act 2004 introduced a new definition of HMOs as follows:-

• Any house or flat which is let to three or more tenants who form two households and who share a kitchen, bathroom or toilet;
• A house, which contains one or more flats which are not wholly self contained and, which is occupied by three or more tenants who form two or more households;
• A converted house which contains one or more flats which are not wholly self-contained and which is occupied by three or more tenants who form two or more households or
• A building converted entirely into self contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short term tenancies.

Certain types of properties are exempt from the definition and these include:-

• Two person house or flat share;
• A property occupied by a landlord (and their family) and two tenants;
• Buildings managed or controlled by a public body (such as the police or the NHS), a local authority or a registered social landlord;
• Buildings which are already regulated such as care homes, bail hostels etc.

HMO Licensing

The Housing Act 2004 introduced a mandatory scheme to licence specific types of HMOs. This scheme applies to larger, higher risk HMOs of 3 or more storeys occupied by 5 or more tenants. It is an offence subject to a possible fine of up to £20000, for any landlord to operate a licensable HMO without a licence. Notwithstanding the mandatory need for the Council to licence such HMOs, all HMOs require regular inspection by Regulatory Services to ensure that adequate fire precautions and amenities are provided.

The licence specifies the maximum number of people who may live in the HMO and it will include the following mandatory conditions:-

• A valid current gas safety certificate which is renewed annually must be provided;
• Proof that all electrical appliances and furniture are kept in a safe condition;
• Proof that all smoke alarms are correctly positioned and installed; and
• Each occupier must have a written statement of the terms on which they occupy the property, for example, a tenancy agreement.

Housing Health & Safety Rating System (HHSRS)

In addition to the licensing regime, the Housing Act 2004 introduced the HHSRS which replaced the former "Fitness for Human Habitation" test under the Housing Act 1985. It applies to all residential accommodation including HMOs. HHSRS is concerned with avoiding or at least minimising potential hazards in a building and it imposes duties on Councils to take action in the most serious of cases. Examples of the 29 hazards include falls on the level, carbon monoxide poisoning, excess cold etc. HHSRS is used whilst inspecting HMOs and enforcement action can be taken as appropriate.

HMO Management Regulations

In addition to the licensing regime and HHSRS, management regulations (56.8KB) also apply to all HMOs and which impose duties on managers and tenants in respect of general standards of repair, contact details, means of escape in case of fire, health and safety precautions, drainage and water supply, gas and electrical safety and refuse disposal. Failure to comply with a management regulation can result in a fine of up to £5000.

HMO Inspection Programme

All known HMOs are inspected at least annually by Regulatory Services accompanied by a Fire Safety Officer from Hampshire Fire & Rescue Service. HMOs are identified by a variety of means including complaints, information received from local colleges and letting agents and the use of the electoral roll. Landlords are present during most inspections and informed of any improvements required to ensure the accommodation provides a sound, well equipped and safe home for the tenants.

HMO Amenity and Space Standards

HMO management regulations published in 2006 and 2007 require an "adequate number of bathrooms, toilets and wash hand basins suitable for personal washing of persons sharing those facilities" and there "must be a kitchen, suitably located in relation to the living accommodation and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to store, prepare and cook food".

New amenity standards (132KB)   and space standards (51.4KB) for HMOs in the Borough of Fareham were approved in September 2009.

Fire Safety Guidance and Protocol

In August 2008 LACORS (Local Authorities Coordinators of Regulatory Services) (this is an external hyperlink) together with the CIEH (Chartered Institute of Environmental Health) and the Chief Fire Officers Association, developed a single piece of guidance on fire safety provisions in certain types of housing including HMOs. This guidance provides specific recommendations for enforcers, landlords and tenants, as to the standards required to make certain types of property safe from fire.

In accordance with this guidance, Fareham and Gosport Borough Councils and the Hampshire Fire & Rescue Service, signed a joint Fire Safety Protocol in January 2009 to establish a framework for joint working as there are certain areas of work where there is an overlap of authority. All new HMOs that come to the attention of any of the authorities will receive an initial joint visit by a Council and a Fire Safety Officer. The lead authority for all HMOs will be the Council and the lead for premises with mixed commercial and associated residential accommodation will be Hampshire Fire & Rescue Service.

Planning Consent

From the 6th April 2010, there is a likelihood that planning permission will be needed to change the use of a property to a house in multiple occupation.  Further advice can be found on the planning development control section of the council's website. 

Private Landlords Responsibilities

I have a complaint about a house in multiple occupation

If you live in or near a house in multiple occupation, and are concerned about health & safety standards, or if you have a complaint regarding refuse or noise, please contact us at regulatory@fareham.gov.uk or by phone on 01329 236100.

Websites

Below are websites where you may find additional information:

• Chartered Institute of Environmental Health (this is an external hyperlink)
• Department of Communities and Local Government (this is an external hyperlink)
• Fareham Borough Council: Housing - Private Tenants

If you would like advice or further information on any of the above please contact us at regulatory@fareham.gov.uk or by phone on 01329 236100.