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On 6 April 2006 mandatory HMO licensing will come into force across England. Practitioners advising landlords whose property is classed as a HMO should read on to find out what they need to do to prepare. 

 

Houses in multiple occupation (HMO’s) will become subject to new licensing provisions from the 6th of April onwards. The new regulations, introduced by the 2004 Housing Act, are complex, and provide that many - but not all - HMO’s will be subject to mandatory licensing by Local Authorities.

 

Under the changes in the Housing Act 2004, if someone lets a property which is one of the following types, then 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 the relevant question under faqs.)

· 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.

 

However, it must be stressed that not all HMO’s are subject to mandatory licensing. Full details can be obtained from the Housing Section of the ODPM’s web site.

HMO Licensing Begins