hmo licence
📖 What is hmo licence? Meaning and definition
A House in Multiple Occupation (HMO) licence is a crucial document for landlords in the UK who rent out properties to multiple tenants who are not part of the same family. This licence is issued by the local council, and it outlines specific conditions that the landlord must meet to ensure the property is safe and suitable for its occupants. These conditions can cover various aspects, such as the number of rooms providing sleeping accommodation, the number of shared kitchens, and the availability of bathrooms and toilets.
The duration of an HMO licence can vary. For instance, a licence might initially be granted for a shorter period, such as 12 months, due to specific considerations like planning issues. However, it is possible for the term to be extended, for example, to a 5-year period, if the relevant conditions are met or if an appeal against the initial term is successful. Landlords can appeal against the terms or conditions of an HMO licence, as seen in cases where an applicant sought a longer licence term or challenged specific conditions.
When an appeal is made, it is typically heard by a First-tier Tribunal, Property Chamber (Residential Property). The tribunal reviews the application, statements of case, and any accompanying documents from both the applicant and the respondent (the local council). The tribunal has the power to confirm the licence, vary its terms, or make adjustments to specific conditions, such as the amenities listed in the licence. In some instances, an application may be withdrawn if the issues are resolved, for example, if the council varies the licence term to meet the applicant's request.
📋 Requirements
- Application made to the local council for an HMO licence
- Property must meet specified conditions regarding amenities (e.g., kitchens, bathrooms, sleeping rooms)
- Licence term is determined by the council, potentially influenced by planning considerations
- Compliance with any conditions set out in the licence
📝 Procedure
- Landlord applies to the local council for an HMO licence
- Council reviews the application and grants a licence with specific terms and conditions
- Landlord may appeal the licence term or conditions to the First-tier Tribunal
- Tribunal reviews statements and documents from both parties
- Tribunal makes a decision to confirm, vary, or adjust the licence conditions, or the application may be withdrawn
💡 Examples
- A landlord appealed a 12-month HMO licence, seeking a 5-year term, which was later granted by the council, leading to the withdrawal of the appeal.
- A tribunal confirmed an HMO licence for a property in Lincoln but made specific adjustments to the tables detailing the quantity of amenities like kitchens and sleeping rooms.
- The City of Lincoln Council issued an HMO licence for a property, outlining the number of shared and exclusive kitchens, as well as the total number of fixed sinks and cookers.
- An applicant challenged the initial 12-month duration of their HMO licence, arguing for a longer 5-year period, which the council eventually agreed to.
📚 Legal basis
- Housing Act 2004, Schedule 5, paragraph 31(1)
❓ Frequently asked questions
What is the purpose of an HMO licence?
An HMO licence ensures that properties rented out to multiple occupants who are not a single household meet certain safety and amenity standards set by the local council, protecting the tenants.
How long does an HMO licence last?
The duration of an HMO licence can vary; it might be granted for a shorter period like 12 months, or a longer term such as 5 years, depending on council decisions and specific property considerations.
Can I challenge the conditions of my HMO licence?
Yes, you can appeal against the conditions or the term of an HMO licence to the First-tier Tribunal, Property Chamber (Residential Property), as seen in cases where landlords sought different terms or adjustments.
What happens if my HMO licence application is withdrawn?
An application might be withdrawn if the issues are resolved, for example, if the council agrees to vary the licence terms to meet your request, potentially leading to an order for reimbursement of fees.
What kind of information is included in an HMO licence?
An HMO licence typically details the property's amenities, such as the number of storeys, sleeping rooms, communal living areas, shared and exclusive kitchens, and the number of shared bathrooms and toilets.
Do all rented properties need an HMO licence?
No, only properties that meet the definition of a House in Multiple Occupation, typically those rented to three or more tenants forming more than one household, require an HMO licence. It's best to check with your local council or consult a qualified solicitor if you are unsure.