HMO’s (House in multiple occupation)
Licensing is mandatory for all HMOs which have three or more storeys and are occupied by five or more persons forming two or more households.
To protect tenants in HMOs from poor conditions, the government regulates:
the quality of the accommodation
that you or your representatives are suitable to manage a HMO
that you do not have too many people living in your HMO
that HMOs considered high-risk are monitored.
Can Councils set minimum room sizes?
There are other powers available to the local authority based on Part 10 of the Housing Act 1985 which puts down overcrowding standards applicable to all sorts of property. This then sets a minimum room size of 6.5 sq/m for adults. For any House in multiple occupation license and any local ‘standard’ it is essentially for guidance purposes. It cannot be used as a substitute for the local authority considering an application on an individual basis whether the particular property to be licensed is suitable by a set number of residents. The decision as to the fitness of premises has to take into account the premises as a whole; not just individual room sizes.
National Minimum Room Size Standards:
You should be aware that there are national minimum room size standards on overcrowding. Part X of the Housing Act 1988 sets a minimum room size for overcrowding which applies to all dwellings including HMOs and will be the basis of most local authority guidance on licensed HMOs.
Is a HMO licence transferable when the property is sold?
A licence lasts for a maximum of five years, in some cases it may be for a shorter period. The law requires that a new licence is applied for on, or before, the expiry date of the previous licence.The licence applies to both the property and the licence holder. This means that when the licence holder changes a new licence application is needed. The licence cannot be transferred.
