Houses in Multiple Occupation (HMO)

What is a House in Multiple Occupation?

The Housing Act 2004 introduces a new definition of Houses in Multiple Occupation (HMO). The new definition is very complex, it includes small-scale shared student housing. 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.

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, as a minimum be 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.

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. These are going to be reviewed in the near future. The government are also planning to produce an Approved Code of Practice describing good management standards.

There is a diagram which should help you determine whether a property is an HMO in the latest issue of Newslink (see documents table below). For further information please contact the Private Rented Team.

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
• owner occupied houses where the owner also lets to tenants or lodgers, but in this case to a minimum of 3 such persons

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

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 comply with full standards of the relevant Building Regulations, the minimum is the 1991 Building Regulations, but for more modern conversions the newer regulations apply, however, a flat in such a house may be an HMO
• accommodation owned or managed by certain public sector organisations

HMOs and planning permission

Planning law use classes include the term HMO. However, smaller shared houses may not be considered HMOs for planning purposes, but they will still be HMOs under housing legislation. Similarly houses that have been converted into self contained flats will not be HMOs for planning purposes, but may well need to comply with housing legislation as HMOs.

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.

Creating new HMOs

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.

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 5 or more people where the HMO is arranged on 3 or more storeys, buildings converted into fully self contained flats are excluded from licensing
• provisions for overcrowding

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. Licensable HMOs must comply with these standards; it is recommended that other HMOs also comply.

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 are responsible for enforcing housing standards in HMOs. Inspections may be part of an improvement programme, or they may follow a complaint. There are around 4000 HMOs in the city and inspections are programmed as follows:

• on a risk basis - HMOs are assessed, and the priority for inspection depends upon the occupancy, property size, condition, and management
• for licensed HMOs - prioritized inspections will be carried out to assess the works needed to comply with the requirements of HHSRS, visits will also be made to check compliance with the conditions of the licence.
• for licensable HMOs (where no licence application has been made) - these will be considered high priority, and inspected as soon as they are identified.

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.

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