Block accommodation

Multiple licenses may be required in a block unless purpose built.

If you are not sure if a block requires licensing, contact us: communityconnections@plymouth.gov.uk

Houses in Multiple Occupation (HMO) that meet a prescribed description must be licensed under Mandatory HMO licensing. This has applied since 2006.

The original prescribed description was changed in 2018 by The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 and the new prescribed description is:

Description of HMOs prescribed by the Secretary of State

This section has no associated Explanatory Memorandum

4.  An HMO is of a prescribed description for the purpose of section 55(2)(a) of the Act if it—

(a)is occupied by five or more persons;

(b)is occupied by persons living in two or more separate households; and

(c)meets—

(i)the standard test under section 254(2) of the Act;

(ii)the self-contained flat test under section 254(3) of the Act but is not a purpose-built flat situated in a block comprising three or more self-contained flats; or

(iii)the converted building test under section 254(4) of the Act.

The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018

Applying the tests may result in multiple licenses being required within one building.

Example:

A non-purpose built block containing 20 self-contained flats

12 of the flats are occupied by 5 or more persons, in more than 1 household.

The occupants in each of those 12 flats share either cooking facilities, personal washing facilities or a WC.

The block will require 12 HMO licences.

Contact communityconnections@plymouth.gov.uk to make an application for block licences.

Guidance

Purpose-built

MHCLG guidance Houses in Multiple Occupation and residential property licensing reform

Guidance for Local Housing Authorities (December 2018) states:

Purpose-built is not defined in the regulations and therefore takes it’s ordinary and natural meaning, i.e. the building was originally designed and constructed for a particular use.  

Converted buildings

Section 254(8) of the Housing Act 2004 advises:

“converted building” means a building or part of a building consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed;

Self-contained flats

A self-contained flat is defined by Section 254(8) of the Housing Act 2004 as:

“self-contained flat” means a separate set of premises (whether or not on the same floor)—

(a)which forms part of a building;

(b)either the whole or a material part of which lies above or below some other part of the building; and

(c)in which all three basic amenities are available for the exclusive use of its occupants.

            It defines basic amenities as:

(a)a toilet,

(b)personal washing facilities, or

(c)cooking facilities;

Sole use / significant use

There is a presumption that sole use condition or significant use condition is met under Section 260 of the Housing Act 2004 unless the contrary is shown.

Exemptions:

Schedule14 of the Housing Act 2004 identifies Buildings which are not HMOs for purposes of HMO licensing.

Buildings occupied by owners

where the owner resides at the property they may have 2 tenants without it being an HMO. As soon as there are 3 tenants (non-family members) then if the property is occupied by 5 persons (every person counts individually, including children) then it will be licensable.

Buildings occupied by students

4 (1)Any building—

(a)which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment or at an educational establishment of a specified description, and

(b)where the person managing or having control of it is the educational establishment in question or a specified person or a person of a specified description.

(2) In sub-paragraph (1) “ specified ” means specified for the purposes of this paragraph in regulations made by the appropriate national authority.

A specified person / specified description is defined by The Housing (Approval of a Code of Management Practice)(Student Accommodation) (England) Order 2008

Note: There are 2 schemes

• The ANUK/Unipol Code of Standards for Larger Residential Developments – for student accommodation managed and controlled by education establishments.
• The National Code of Standards for Larger Developments – This is for student halls managed and controlled by private accommodation providers.

Only buildings that are "student accommodation managed and controlled by education establishments" are exempt under Schedule 14. The codes of practice contain an appendix which can be used to help decide who manages and controls the building.

APPENDIX I - Determination of Whether a Residential Development is Managed and Controlled by an Educational Establishment

The educational establishment manages and controls a development only if it scores the most points.