Houses In Multiple Occupation

What is a HMO?

HMO stands for House in Multiple Occupation, which means a building, or part of a building, such as a flat, that:

• Is occupied by more than one household and where more than one household shares – or lacks – an amenity, such as a bathroom, toilet or cooking facilities
• Is occupied by more than one household and which is a converted building – but not entirely self-contained flats (whether or not some amenities are shared or lacking)
• Is converted self-contained flats, but does not meet as a minimum standard the requirements of the 1991 Building Regulation, and at least one third of the flats are occupied under short tenancies.

The building is occupied by more than one household:

• As their only or main residence
• As a refuge for people escaping domestic violence
• By students during term time
• For other purposes prescribed by the government

A household is:

• Families (including single people, couples and same sex couples)
• Other relationships, such as fostering, carers and domestic staff

Why does the Government want HMOs to be licensed?

Larger HMOs, such as bedsits and shared houses, often have poorer physical and management standards than other privately rented properties. The people who live in HMOs are amongst the most vulnerable and disadvantaged members of society. As HMOs are the only housing option for many people, the government recognises that it is vital that they are properly regulated.

Licensing is intended to make sure that:

• Landlords of HMOs are fit and proper people, or employ managers who are
• Each HMO is suitable for occupation by the number of people allowed under the licence
• The standard of management of the HMO is adequate
• High risk HMOs can be identified and targeted for improvement

Where landlords refuse to meet these criteria the council can intervene and manage the property so that:

• Vulnerable tenants can be protected
• HMOs are not overcrowded
• Councils can identify and support landlords, especially with regeneration and tackling antisocial behaviour

Do all HMOs have to be licensed?

No. Under the new Housing Act 2004 there are three types of licensing:

1. Mandatory (required by law) licensing of HMOs for properties that are:

• Three or more storeys high
• Have five or more people in more than one household, and
• Share amenities such as bathrooms, toilets and cooking facilities

2. Additional licensing of HMOs

A discretionary power that councils may decide to apply to a particular type of HMO, for example, to include an existing registration scheme. 

3. Selective licensing of other residential accommodation

Properties that are not subject to HMO licensing could be covered under a selective licensing scheme. This is where the council may declare that certain areas, for example, where there is low demand for housing and/or antisocial behaviour, are appropriate for selective licensing. This licensing would cover all forms of private rented housing, including HMOs.

What is Lancaster City Council doing?

Mandatory Licensing

Across the district all houses in multiple occupation (HMOs) which comprise three storeys or more and are occupied by five or more persons, who comprise two or more households will have to be licensed by the local authority.

Converted blocks of flats that fall within the definition of a HMO will not be subject to mandatory licensing. Student houses, however, are now included in the definition of a house in multiple occupation so may require a license.

Storeys include basements used for residential purposes and rooms within attics. Basements and attics are included where they are used wholly or partly as a living accomodation, and in the case of basement where they are the only or principal entry into the HMO from the street, Attics are included where they form an integral part of the HMO.

Where premises consist of both residential and commercial uses, e.g. a ground floor and 2 residential floors above, this represents a 3 storey building.

How will it work?

Anyone who owns or manages an HMO that must be licensed has to apply to the council for a licence. The council must give a licence if it is satisfied that:

• The HMO is reasonably suitable for occupation by the number of people allowed under the licence
• The proposed licence holder is a fit and proper person
• The proposed licence holder is the most appropriate person to hold the licence
• The proposed manager, if there is one, is a ‘fit and proper person’
• The proposed management arrangements are satisfactory,
• The person involved in the management of the HMO is competent
• The financial structures for the management are suitable

What does a 'fit and proper person' mean?

The council will carry out checks to make sure that the person applying for the licence is a fit and proper person. In deciding whether someone is fit and proper the council must take into account:

• Any previous convictions relating to violence, sexual offences, drugs and fraud
• Whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
• Whether the person has been found guilty of unlawful discrimination
• Whether the person has previously managed HMOs that have broken any approved code of practice

How long will it last?

A license will normally last for a maximum of five years, although it can be for a shorter period.

How much will it cost?

Landlords will have to pay a fee to cover the administration costs of the license procedure. This fee is currently £668 for a HMO with up to and including three units of accomodation. An extra £71.50 will be chargeable per additional unit of accomodation. This will last 5 years.

Can the council refuse to license my property?

Yes, if the property does not meet the conditions set out above and the landlord or manager is not a fit and proper person.

What will happen then?

If a landlord fails to bring an HMO up to the required standard, or fails to meet the fit and proper person criteria, the council can issue an Interim Management Order (IMO), which allows it to step in and manage the property. The owner keeps their rights as an owner. This order can last for a year until suitable permanent management arrangements can be made. If the IMO expires and there has been no improvement, then the council can issue a Final Management Order. This can last up to five years and can be renewed.

Can I appeal?

You may appeal if the council decides to:

• Refuse a licence
• Grant a licence with conditions
• Revoke a licence
• Vary a licence
• Refuse to vary a licence

You must appeal to the Residential Property Tribunal, normally within 28 days. Details are on your licence, but they can be contacted at:

Residential Property Tribunal
First Floor
26 York Street
Manchester M1 4JB

Tel: 0845 100 2614
Fax: 0161 237 3656

Temporary Exemption from Licensing

If a landlord or person in control of a property intends to stop operating it as an HMO or reduces the numbers of occupants and can give clear evidence of this, then he or she can apply for a Temporary Exemption Notice. This lasts for a maximum of three months and ensures that a property in the process of being converted from an HMO does not need to be licensed.

If the situation is not resolved, then a second Temporary Exemption Notice can be issued. When this runs out the property must be licensed, become subject to an Interim Management Order, or cease to be an HMO.

Are there any other penalties?

It is an offence if the landlord or person in control of the property:

• Fails to apply for a licence for a licensable property or
• Allows a property to be occupied by more people than are permitted under the licence.

A fine of up to £20,000 may be imposed. In addition, breaking any of the licence conditions can result in fines of up to £5,000.

Rent repayment orders

A tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months). Councils can also reclaim any housing benefit that has been paid during the time the property was without a licence.

What I do next?

If you think you have a property that needs to be licensed, please contact us using the details below.