Houses In Multiple Occupation
What is a 'House in Multiple Occupation'?
Under the Housing Act 2004, if you let a property which is one
of the following types it is a House in Multiple Occupation.
- An entire house or flat which is let to 3 or more tenants who
form 2 or more households and who share a kitchen, bathroom or
toilet. (For a definition of household see below)
- A house which has been converted entirely into bedsits or other
non-self-contained accommodation and which is let to 3 or more
tenants who form two or more households and who share kitchen,
bathroom or toilet facilities.
- A converted house which contains one or more flats which are
not wholly self contained (ie the flat does not contain within it a
kitchen, bathroom and toilet) and which is occupied by 3 or more
tenants who form two or more households.
- A building which is 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.
In order to be an HMO the property must be used as the tenants’
only or main residence and it should be used solely or mainly to
house tenants. Properties let to students and migrant workers will
be treated as their only or main residence and the same will apply
to properties which are used as domestic refuges.
Sections 255-259 Housing Act 2004 refine the definition and
Schedule 14 provides for the exception of certain buildings from
the basic definition.
What is a household?
The following are 'households' for the purposes of the Housing
Act 2004:
- Members of the same family living together including:
- Couples married to each other or living together as husband and
wife (or in an equivalent relationship in the case of persons of
the same sex)
- Relatives living together, including parents, grandparents,
children (and step-children), grandchildren, brothers, sisters,
uncles, aunts, nephews, nieces or cousins
- Half-relatives will be treated as full relatives. A foster
child living with his foster parent is treated as living in the
same household as his foster parent.
- Any domestic staff are also included in the household if they
are living rent-free in accommodation provided by the person for
whom they are working.
- Therefore three friends sharing together are considered three
households. If a couple are sharing with a third person that would
consist of two households. If a family rents a property that is a
single household. If that family had an au-pair to look after their
children that person would be included in their household.
These are complex definitions. If you require confirmation
whether your property is a HMO please contact the Private Sector
Housing Team.
What Legislation applies to HMOs?
1. The Management of Houses in
Multiple Occupation England 2006
These Regulations apply to houses in multiple occupation
("HMOs") in England but do not apply to converted blocks of flats
to which section 257 of the Act applies. These are buildings that
have been converted into and consist of self-contained flats where
the building work undertaken in connection with the conversion did
not comply with the appropriate building standards and still does
not comply with them, and less than two-thirds of the
self-contained flats are owner-occupied.
The Regulations impose duties on a person managing an HMO in
respect of—
- providing information to occupiers (regulation 3)
- taking safety measures, including fire safety measures
(regulation 4)
- maintaining the water supply and drainage (regulation 5)
- supplying and maintaining gas and electricity, including having
it regularly inspected (regulation 6)
- maintaining common parts (defined in regulation 7(6)),
fixtures, fittings and appliances (regulation 7)
- maintaining living accommodation (regulation 8)
- providing waste disposal facilities (regulation 9).
Regulation 10 imposes duties on occupiers of an HMO for the
purpose of ensuring that the person managing it can effectively
carry out the duties imposed on him by these Regulations.
A person who fails to comply with these Regulations commits an
offence under section 234(3) of the Housing Act 2004, punishable on
summary conviction with a fine not exceeding level 5 on the
standard scale.
2. Licensing and Management of
Houses in Multiple Occupation and other houses (miscellaneous
provisions) (England) Regulations 2006. Regulation 8 and Schedule
3
For more information click here.
The information in the table below is a précis of the
requirements for washing facilities required by regulation 8. Where
all or some of the units of living accommodation in an HMO do not
contain bathing and toilet facilities for the exclusive use of each
individual household the following shall be provided:
Schedule of Amenities in relation to number of persons sharing a
property
NOTE - Sleeping rooms that are more than one floor away
from facilities MUST have a WHB in the room
NOTE - Please note that the bathroom can contain either
a bath or a shower
1 – 4 PERSONS
At least 1 bathroom, 1 WC and 1 WHB(the bathroom and WC may be
combined)
5 PERSONS
1 bathroom (Including WHB) AND 1 separate WC
with WHB (but the WC can be contained within a second bathroom)
NOTE The WC and WHB must not be more than 1
floor away from any one sleeping room
6 – 10 PERSONS
2 bathrooms (including WHB) AND 2 separate WCs
with WHBs (but one of the WCs can be contained within one of the
bathrooms)
NOTE The WC and WHB must not be more than 1
floor away from any one sleeping room
11 – 15 PERSONS
3 bathrooms (including WHB) AND 3
separate WCs with WHBs (but the WHBs can be contained within 2 of
the bathrooms)
NOTE The WC and WHB must not be more than 1
floor away from any one sleeping room
Note other requirements are made concerning washing facilities
and are laid out in 2. (3) – (7) below
The rest of regulation 8 sets out the standards required for
heating, kitchens and fire precaution facilities. The full text of
schedule 3 is set out below.
SCHEDULE 3
Regulation 8
Prescribed standards for deciding the suitability for occupation
of an HMO by a particular maximum number of households or
persons
Heating
1. Each unit of living accommodation in an HMO
must be equipped with adequate means of space heating.
Washing facilities
SEE TABLE ABOVE FOR PRECIS
2. (1) Where all or some of the units of living
accommodation in an HMO do not contain bathing and toilet
facilities for the exclusive use of each individual household -
(a) where there are four or fewer occupiers sharing those
facilities there must be at least one bathroom with a fixed bath or
shower and a toilet (which may be situated in the bathroom);
(b) where there are five or more occupiers sharing those
facilities there must be:
(i) one separate toilet with wash hand basin with appropriate
splash back for every five sharing occupiers; and
(ii) at least one bathroom (which may contain a toilet) with a
fixed bath or shower for every five sharing occupiers;
(2) Where there are five or more occupiers of an HMO, every unit
of living accommodation must contain a wash hand basin with
appropriate splash back. (except any unit in which a sink has been
supplied as mentioned in paragraph 4(1).
(3) All baths, showers and wash hand basins in an HMO must be
equipped with taps providing an adequate supply of cold and
constant hot water.
(4) All bathrooms in an HMO must be suitably and adequately
heated and ventilated.
(5) All bathrooms and toilets in an HMO must be of an adequate
size and layout.
(6) All baths, toilets and wash hand basins in an HMO must be
fit for the purpose.
(7) All bathrooms and toilets in an HMO must be suitably located
in or in relation to the living accommodation in the HMO.
Kitchens
3. Where all or some of the units of
accommodation within the HMO do not contain any facilities for the
cooking of food -
(a) 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;
(b) the kitchen must be equipped with the following equipment,
which must be fit for the purpose and supplied in a sufficient
quantity for the number of those sharing the facilities -
(i) sinks with draining boards;
(ii) an adequate supply of cold and constant hot water to each
sink supplied;
(iii) installations or equipment for the cooking of food;
(iv) electrical sockets;
(v) worktops for the preparation of food;
(vi) cupboards for the storage of food or kitchen and cooking
utensils;
(vii) refrigerators with an adequate freezer compartment (or,
where the freezer compartment is not adequate, adequate separate
freezers);
(viii) appropriate refuse disposal facilities; and
(ix) appropriate extractor fans, fire blankets and fire
doors.
Units of living accommodation without shared basic amenities
4. (1) Where a unit of living accommodation
contains kitchen facilities for the exclusive use of the individual
household, and there are no other kitchen facilities available for
that household, that unit must be provided with:
(a) adequate appliances and equipment for the cooking of
food;
(b) a sink with an adequate supply of cold and constant hot
water;
(c) a work top for the preparation of food;
(d) sufficient electrical sockets;
(e) a cupboard for the storage of kitchen utensils and crockery;
and
(f) a refrigerator.
(2) Where there are no adequate shared washing facilities
provided for a unit of living accommodation as mentioned in
paragraph 2, an enclosed and adequately laid out and ventilated
room with a toilet and bath or fixed shower supplying adequate cold
and constant hot water must be provided for the exclusive use of
the occupiers of that unit either:
(a) within the living accommodation; or
(b) within reasonable proximity to the living accommodation
Fire precautionary facilities
5. Appropriate fire precaution facilities and
equipment must be provided of such type, number and location as is
considered necessary.
3. Housing Health and Safety
Rating System
The HHSRS is a method of risk assessment. This replaces the
fitness test under the Housing Act 1984.
The new system is premised on the principle that any residential
premises should provide a safe and healthy environment for any
potential occupier or visitor. Risks are assessed on the basis of
the likelihood of an occurrence that could cause harm and the
probable severity of the outcome, if it did happen.
The hazards are arranged in four main groups. The first comprise
the physiological requirements of a resident, eg cold, damp and
mould growth, carbon monoxide etc. The second group which concerns
space, security, light and noise are clubbed together as
psychological requirements. The third category comprises protection
from infection concerning hazards arising from problems of hygiene,
sanitation, and water supply. Finally there is a group of hazards
associated with accidents, eg falls associated with stairs, or
between levels, fire electrical safety and structural collapse.
A hazard with a scores above 1000 is a Category 1 Hazard. Local
Authorities have a duty to take action where a property contains a
Category 1 Hazard.
4. Tenancy Deposit
Scheme
The Deposit Protection Service ( DPS) – is the
only custodial deposit protection scheme. It is free to use and
open to all landlords and letting agents. The service is funded
entirely from the interest earned from deposits held. Landlords and
Letting Agents will be able to register and make transactions
online. Paper forms will also be available should internet access
be an issue. The scheme will be supported by a dedicated call
centre and an independent dispute resolution service. For more
information, visit http://www.depositprotection.com/
or call 0844 47 27 000.
Tenancy Deposit Solutions Ltd (TDSL) - is an
insurance-based scheme sponsored by the National Landlord
Association and administered by Hamilton Fraser Insurance Services.
It is open to all landlords and letting agents. A fee is payable to
insure the scheme against any misappropriation of the deposit. The
scheme is supported by a dedicated call centre and an independent
dispute resolution service. For more information, visit http://www.mydeposits.co.uk/ or
call 0844 980 0290.
The Tenancy Deposit Scheme (TDS) - is an
insurance-based deposit and dispute resolution scheme. It is open
to all landlords and letting agents. A fee is payable to insure the
scheme against any misappropriation of the deposit. The scheme is
supported by a dedicated call centre and an independent dispute
resolution service. For more information, visit http://www.tds.gb.com/ or call 0845
226 7837.
5. HMO Licensing
The new Housing Act 2004 applies to large multi let properties
(HMO’s)
A licensable HMO property consists of:
- 3 storeys and
- 5 people or more,in more than one household and
- shared facilities
These properties will need to be licensed.
The Application Pack consists
of:
Any enquiries with regards licensing of HIMOs
within Malvern Hills District should be directed to Zena Lynch,
Environmental Health Officer, Housing Services, either
by emailing or
telephoning 01684 862389.
What happens if my property does not
comply?
If your property does not comply, and you are responsible for
its condition, the Council has a variety of powers to ensure
compliance. These range from the service of a formal notice,
requiring improvements, to taking control of the building. In all
cases the Council will initially take an informal view of the
problem and work with the owner to gain the required
improvements.
