The Management of Houses in Multiple Occupation (England) Regulations 2006
A manager of a HMO has a duty to manage the house under the above legislation. These regulations include bedsits, shared flats and houses, buildings not fully converted into self contained flats, hostels and guest houses.
The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 also include Section 257 HMO's.
Both pieces of legislation have very similar managerial requirements. This includes:
- The manager is to provide his/her name, address and telephone number to all occupants and to display this in a prominent position.
- All means of escape from fire to be kept free from obstruction
- Fire alarms and fire fighting equipment to be kept in good order
- Take all reasonable steps to ensure the safety of the occupiers. This includes protecting the occupants from falls from low window sills, balconies and roofs.
- To ensure that the water supply and drainage system is maintained in a good, clean working condition. Including water fittings liable to damage from frost to be protected.
- To provide a copy of the latest Gas Safe certificate and electric wiring test certificate within seven days of the Council requesting it. The electrical wiring must be tested at intervals not exceeding five years by a qualified person. These supplies must not be unreasonably interrupted.
- Maintain the common parts, fixtures, fittings and appliances in good order, clean decorative repair and free from obstruction. This includes handrails, stair coverings, windows and adequate lighting.
- Maintain common outbuildings, yard and forecourt in good order
- Gardens, boundary walls, fencing and railing to be kept in good safe condition.
- Living accommodation to be kept in good repair.
- Provide proper facilities and arrangements for refuse storage and disposal.
Who is the Manager?
- The owner of the property, or
- A person receiving rent or other monies.
The manager must give at least 24 hours notice to access the property unless there is an emergency. If reasonable access is refused the manager should get advice from a solicitor or a professional organisation before taking further action.
Records should be kept by the manager to demonstrate an effective management system.
The tenant may be responsible under terms of a tenancy agreement but under the Regulations the manager is responsible for ensuring that things are put right when problems occur. This is because the failure of one tenant can result in the other tenants being put at risk.
Under the above Regulations the tenant responsibilities are:
- Take care not to hinder the manager in the performance of their duties.
- Allow access to the manager at reasonable times so that he/she can carry out his duties.
- Provide information which the manager may require to comply with his/her duties.
- Take care to avoid damaging the property
- Comply with the managers arrangements for the storage and disposal of rubbish
- Comply with the manager's reasonable instructions in respect of means of escape from fire, prevention of fire and use of fire equipment.
These responsibilities are usually more appropriate to pursue by the manager under his/her powers under the tenancy agreement.
For further information please contact:- Joanne Lomax
Property Standards and Enforcement Officer
Tel: 01386 565631
Fax: 01386 561092