Licence - homes in multiple occupancy

What is a ‘house in multiple occupation’ (HMO)?

This is a building or part of a building that:

• is occupied by more than one household and where more than one household shares – or lacks – an amenity, such as a bathroom, toilet or cooking facilities
• is occupied by more than one household and which is a converted building – but not entirely self-contained flats (whether or not some amenities are shared or lacking)
• is converted self-contained flats, but does not meet (as a minimum standard) the requirements of the 1991 Building Regulations - and at least one third of the flats are occupied under short tenancies.

 The building is occupied by more than one household:

• as their only or main residence
• as a refuge for people escaping domestic violence
• by students during term time
• for other purposes prescribed by government.

A ‘household’ is defined as:

• families, including single people, couples and same-sex couples
• other relationships, such as foster carers, other carers and domestic staff.

Does my HMO require a licence?

Not all HMOs require a licence, but if you control a property falling within the scope of one or more of the following schemes, you will need to apply for a licence. Failing to licence a property may result in a fine of up to £20,000.  

• Mandatory HMO licensing – all HMOs of three or more storeys that have five or more occupants forming two or more households require a licence. Contact us if you own, operate, control or let this type of property and have not already asked for a licence application pack.
  • Discretionary ‘additional’ HMO licensing – a local council can choose to impose an additional licensing scheme on certain categories of HMO, if it feels that failures in management or anti-social behaviour issues need to be addressed.  
• Discretionary ‘selective’ licensing – a local council can choose to licence any private rented property – whether an HMO or not – if it has identified specific problems of low housing demand or anti-social behaviour.  

The Council currently operates only the Mandatory HMO licensing scheme in Derby.

Management of HMOs

The Housing Management of Houses in Multiple Occupation (England) Regulations 2006 apply to all houses in multiple occupation (HMOs) other than converted blocks of flats that have their own management regulations and are covered by Section 257 of the Housing Act 2004.

The HMO management regulations place a number of duties upon the manager of an HMO.  Both landlords and managing agents should make sure they comply with these regulations at all times.  

Failing to comply with the HMO management regulations may result in prosecution and a fine of up to £5,000 for each offence.

A summary of the management duties includes ...

• Duty to supply information – the name, address and a contact telephone number for the manager must be clearly displayed in a prominent position in the HMO.
• Duty to maintain fire safety measures – all escape routes must be kept safe and free from obstruction.  Alarms, detection and extinguishers must be maintained and certificated.
• Duty to protect occupiers from injury – appropriate safeguards must be maintained for roofs, balconies and low windowsills.
• Duty to maintain water supply and drainage – all services and fittings shall be maintained in good, clean working order and free from frost damage.
• Duty to supply and maintain gas and electricity – the fixed electrical installation must be inspected and tested at intervals not over five years. Certificates must be supplied to the local council within seven days of a request. Neither gas nor electricity supplies should be unreasonably interrupted.
• Duty to maintain common parts, fixtures, fittings and appliances – should all be kept clean, in good repair and in good working order.  These include gas, electric, lighting, heating, hot water, toilets, baths, wash basins, sinks, cookers, fridges, food storage, windows, ventilation, yards, paths, gardens.
• Living accommodation – each room must be kept in good repair and installations in good working order.  Each room must be in a clean condition at the beginning of the tenant’s occupation.
• Disposal of refuse and litter – litter must not be allowed to accumulate and bins adequate to the requirements of the tenants should be provided.

Contact us if you need more information on HMOs or need to apply for a HMO licence.

Useful forms

• Homes in multiple occupation

Downloads

• Guide to the Management of Houses in Multiple Occupation (word, 490kb)