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 houses in multiple occupation (HMO). The term HMO applies to a wide range of housing types. They are mainly in the private rented sector and are typically occupied by young lower-income single people, including vulnerable and disadvantaged people. 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.
The Housing Act 2004 defined HMOs as:
Certain properties are exempt from the definition, including:
The Housing Act 2004 introduced a mandatory scheme to licence specific types of HMOs for larger, higher risk HMOs of three or more storeys occupied by five or more tenants. It is an offence, with a possible fine of up to £20000, for any landlord to operate a licensable HMO without a licence. All HMOs must be inspected regularly by regulatory services to make sure adequate fire precautions and amenities are provided. The licence specifies the maximum number of people who may live in the HMO, including these mandatory conditions:
In addition to the licensing regime, the Housing Act 2004 introduced the HHSRS to replace the former "fitness for human habitation" test under the Housing Act 1985. It applies to all residential accommodation including HMOs. It provides an assessment about a house's hazards to health and safety. It puts the emphasis on the occupant rather than the building. There are 29 hazards to be assessed including:
We can take enforcement action to ensure landlords eliminate and/or minimize these hazards. You can see more at:
As well as the licensing regime and HHSRS, management regulations (57 KB) apply to all HMOs. They impose duties on managers and tenants for 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.
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 in a number of ways, including information from local colleges and letting agents, the electoral roll and complaints. Landlords are present during most inspections and informed of any improvements needed to ensure accommodation provides a sound, well equipped and safe home for tenants.
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". You can see the amenity standards (133 KB) and space standards (51 KB) for HMOs in the Borough.
In August 2008 LACORS (Local Authorities Coordinators of Regulatory Services) together with the CIEH (Chartered Institute of Environmental Health) and the Chief Fire Officers Association, developed a single piece of guidance on fire safety in some housing, including HMOs. This guidance provides specific recommendations for enforcers, landlords and tenants about standards needed to make properties safe from fire. In line with this, Fareham and Gosport Borough Councils and Hampshire Fire & Rescue Service signed a joint fire safety protocol in January 2009 to set up a framework for the way we work together. All new HMOs that come to the attention of any of the authorities will receive an initial joint visit from us and a Fire Safety Officer. We are the lead authority for all HMOs. Hampshire Fire & Rescue is the lead for properties with mixed commercial and associated residential accommodation.
From 6 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. You can see more information private landlords responsibilities on this website.
If you live in or near a house in multiple occupation and are concerned about health and safety standards or if you have a complaint about refuse or noise, please contact us at firstname.lastname@example.org or by phone on 01329 236100.
You may also find these websites helpful:
If you would like advice or more information about any of these things, please contact us at email@example.com or on 01329 236100.