Houses in Multiple Occupation (HMO)

What is a House in Multiple Occupation?

The Housing Act 2004 introduces a new, complex, definition of Houses in Multiple Occupation (HMO). Generally a house in multiple occupation will be a property occupied by more than one household and more than two people, and may include bedsits, shared houses, non self contained flats and some self contained flats. A household is defined as being people who are linked by certain family relationships; house sharers (students) are typically unrelated individuals who, within housing law, comprise a number of households and occupy as an HMO.

Houses fully converted into self contained flats will generally not be HMOs provided that they were converted in accordance with the 'appropriate' Building Regulation standards. This will be, as a minimum, full compliance with the standards of the 1991 Building Regulations.

Generally the sole use of the property must be as an HMO, however the council may 'declare' a property to be an HMO where there is significant usage. This can apply to properties used as bed and breakfast establishments where some people live as their main home.

Houses in Multiple Occupation pose a greater risk to occupier health and safety. The independent nature of the separate households means that occupiers sometimes do not know everyone they are sharing with, and the risks of fire and infection are increased. There are Management Regulations, which set out the way in which such properties should be managed. In addition some, but not all, HMOs require to be licensed.

Examples of HMOs:

• Houses occupied as individual bedsitting rooms
• Shared houses and flats
• Buildings converted into flats where one, or more, of the units is not fully self- contained, this could apply to a flat that is missing amenities, or the occupiers have to cross a common hallway to get from one room to another
• Hostels
• Guest houses that only provide for people with no other address

The following may be HMOs:

• Houses arranged as fully self contained flats where less than two thirds of the flats are owner occupied
• Guest houses that provide for the “tourist” trade as well as people with no other address
• Any owner occupied building where the owner also lets it to lodgers or tenants

The following are not HMOs:

• Buildings arranged as fully self contained flats where two thirds or more of the flats are owner occupied, however, a flat in such a house may be an HMO
• Buildings converted into fully self contained flats where the works fully complied with the standards of the relevant Building Regulations. For HMOs converted before 1991 this means the 1991 Building Regulations, but for more modern conversions the regulations are those which applied at the time of the conversion. Please note that even if the building is not an HMO, a flat within it may still be an HMO
• Accommodation owned or managed by certain public sector organisations

HMOs and planning permission

From 1 October 2010 planning permission is no longer required from the Council to change the use of a single dwelling house (C3) into a small house in multiple occupation (C4), three to six occupants, where these occupiers are living together in the property as a single shared household. This new nationally applicable planning rule change has been made by the new government and effectively reverses the legislation introduced by the previous government on 6 April 2010.

The new planning law uses the Housing Act definition of an HMO for these properties. The planning status of properties occupied by more than six people remains unchanged. Further information about this is available on the planning enforcement page.

If a house falls within the Housing Act definition of HMO, it must comply with the Housing Act HMO requirements regardless of how it is considered under other legislation.

The use of a house as an HMO may require planning permission. However, many HMOs have been used in this way for so long that they are immune from planning enforcement action. You are advised to contact Development Control to check that the use of a property as an HMO is permitted. Development Control can be contacted on 01752 304024.

Development Control will also inform you of the Council's planning policies for applications for new HMOs. These include the consideration of the loss of family housing, and impact of the change of use on the neighbourhood.

Listed buildings

If your property is a Listed Building you will need to get permission for any changes that may affect the character (whether internal or external, and usually includes outbuildings and other structures in the grounds of the house). This is required regardless of the existence of permission to use the house as an HMO.

If the property is in a Conservation Area there will be controls on changes to the external appearance. The Historic Environment Officer within Development Consents Team will advise and can be contacted on 01752 304414.

Landlord proficiency test

How good a landlord are you? Find out! It may also save you money on Houses in Multiple Occupation (HMO) licensing fees… and the test is free.

Together with other councils across the South West, we are supporting the Landlord Proficiency Test. This was devised by the West of England Housing Group (the councils within the area of Bristol). The Landlord's Manual has the information needed to pass the test (and help you manage your property). You can download this below, or if you prefer we can post you a hard copy. Please email us your request for this, together with your postal address.

Having passed the test, HMO licence holders qualify for a £30 discount off the licence fee. Please visit the cost page for more information.

• Take the landlord proficiency test

You may also be interested in Landlord Accreditation which offers similar benefits. Please contact us for further information.

Standards in HMOs

The Housing Act requirements specific to HMOs are:

• The management regulations apply to HMOs (these set out the duties of the ‘Manager’ of an HMO including those relating to safety, cleanliness and maintenance of the common parts of the house)
• HMO Licensing, this applies to some HMOs; those occupied by five or more people where the HMO is arranged on three or more storeys, buildings converted into fully self contained flats are excluded from licensing. Plymouth only applies the basic 'mandatory' licensing scheme; some other councils have adopted 'additional' licensing schemes which are more inclusive.
• Provisions for overcrowding

If you are aware of an HMO which you think may not be licensed, but you also think should be, please contact the Private Rented Team at private.rent@plymouth.gov.uk.

What other standards apply to HMOs?

The requirements set out in the leaflet ‘Standards in Private Rented Accommodation’ apply to HMOs. All housing must comply with the safety requirements of the Housing Health and Safety Rating System (HHSRS).

The Council has adopted standards for amenities and room sizes which apply to both licensable and non licensable HMOs. Licensable HMOs must comply with this document. Non licensed HMOs can be required to comply with some aspects of the standards.

The HMO Standards for Bedsits and Shared student HMOs are derived from housing legislation. Apart from the licensing regulations, this applies to all HMOs regardless of their licensing status. As such, much of their content can be required in non licensable HMOs, although we would have to verify this on a case by case and issue by issue basis. Even when not enforceable, we would recommend that landlords comply with these standards in respect of all bedsit, flatlet and shared HMOs.

The Environmental Protection Act 1990 may be used to deal with problems of noise and refuse. Further information is available from the Private Rented Team, which will also advise you of any schemes available to assist you.

Enforcement of HMO standards

The Private Rented Team is responsible for enforcing housing standards in HMOs. Inspections may be part of an improvement programme, or they may follow a complaint.

Licensable HMOs are inspected either before the licence is granted or during the period of the licence.

The Private Sector Housing Team may also instigate programmes for the inspection of non licensable HMOs; these will target higher risk properties as selected using individual risk or area risk based assessment.

Wherever possible we will work with landlords to improve their property, but sometimes dialogue fails and we have to use our powers. The Council’s policies for enforcement reflect this. Further information on these policies is available from the Private Rented Team.

What kind of problems are found in HMOs?

The following problems can occur:

• Poor safety and physical standards. Inadequate and non fixed heating, lack of insulation, poor fire and electrical safety are key issues
• Inadequate facilities for the number of people in the house
• Poor management particularly of communal areas
• Noise, nuisance and other antisocial behaviour
• High levels of burglary

HMOs and housing need

HMOs are an important source of housing in the city, for example:

• Students
• Professional people looking for an independent home before buying
• People working on fixed term contracts
• People who cannot afford to buy a home of their own and are unable to access Social Housing
• Homeless people in temporary accommodation

There is wide range of quality and rent levels across the HMO market.

Landlords advice - HMOs [365KB]

HMO standards for bedsit and shared HMOs [92KB]

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