houses in multiple occupation
📖 What is houses in multiple occupation? Meaning and definition
HMOs are subject to specific licensing requirements, which are often managed by local councils. These licences can have conditions attached, such as minimum room sizes for sleeping accommodation, which must be met for the property to be legally occupied. The purpose of these regulations is to ensure the safety and adequate living conditions for tenants in shared housing.
Local authorities have the power to designate their entire district, or parts of it, for additional HMO licensing requirements beyond the mandatory national rules. This means that even smaller HMOs, or those that might not otherwise require a licence under national rules, could still need one depending on the local council's policies. Property owners may need to apply to the First-tier Tribunal to appeal against conditions imposed on their HMO licences.
Furthermore, planning permission rules can impact HMOs. Local councils can issue directions, such as an Article 4(1) direction, which remove the ability to convert standard houses (Use Class C3) into small HMOs for up to six people (Use Class C4) without first obtaining planning permission. This adds another layer of regulation for landlords looking to operate HMOs.
📋 Requirements
- Properties with five or more occupants are generally required to be licensed as HMOs.
- Rooms used as sleeping accommodation by one person aged over 10 years must be at least 6.51 square meters.
- Local authorities can impose additional licensing requirements on all HMOs within their district.
- Conversion of a house to a small HMO (for up to six people) may require planning permission if an Article 4(1) direction is in place.
📝 Procedure
- Property owner applies to the local council for an HMO licence.
- The local council inspects the premises to ensure compliance with conditions, such as room size.
- The local council issues a licence, potentially with specific conditions.
- Property owner can appeal against licence conditions to the First-tier Tribunal.
💡 Examples
- A landlord applied for an HMO licence for two three-story detached dwellings, but appealed against certain conditions imposed by the local council.
- A property owner had their HMO licence challenged because a bedroom measured 6.399 square meters, falling below the mandatory 6.51 square meter minimum for sleeping accommodation.
- A local council designated its entire district for additional licensing, meaning all properties defined as HMOs in that area required a licence.
- A property with four bedrooms, a lounge/diner, and a kitchen, housing five or more unrelated occupants, would likely require an HMO licence.
📚 Legal basis
- Housing Act 2004
- Town & Country Planning (General Permitted Development) (England) Order 2015
- Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licenses) (England) Regulations 2018
- Houses in Multiple Occupation (Prescribed Description) (England) Order 2018
❓ Frequently asked questions
What makes a property an HMO?
A property is generally considered an HMO if at least three unrelated people live there, forming more than one household, and they share facilities like a kitchen or bathroom. Specific rules apply for mandatory licensing based on the number of occupants.
Do all HMOs need a licence?
Not all HMOs require a mandatory national licence, but properties with five or more occupants usually do. Additionally, local councils can implement 'additional licensing' schemes that require even smaller HMOs to be licensed in their area.
What are the rules about room sizes in an HMO?
There are mandatory conditions for HMO licences, including minimum floor areas for rooms used as sleeping accommodation. For example, a room used by one person over 10 years old must be at least 6.51 square meters.
Can a local council stop me from converting my house into an HMO?
Yes, local councils can issue directions, such as an Article 4(1) direction, which remove the 'permitted development' rights to convert a house into a small HMO without needing specific planning permission first.
What happens if I don't follow HMO licence conditions?
If you don't comply with the conditions of an HMO licence, the local council can take enforcement action. This could include fines or other penalties, and your licence could be revoked or not renewed.
Can I challenge the conditions on my HMO licence?
Yes, if you disagree with the conditions imposed on your HMO licence by the local council, you can appeal against them to the First-tier Tribunal.