Section 254 — Housing Act 2004: Meaning of “house in multiple occupation”

Meaning of “house in multiple occupation” 254 1 For the purposes of this Act a building or a part of a building is a “ house in multiple occupation ” if—

a it meets the conditions in subsection (2) (“ the standard test ”);

b it meets the conditions in subsection (3) (“ the self-contained flat test ”);

c it meets the conditions in subsection (4) (“ the converted building test ”);

d an HMO declaration is in force in respect of it under section 255; or e it is a converted block of flats to which section 257 applies.

2 A building or a part of a building meets the standard test if—

a it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;

b the living accommodation is occupied by persons who do not form a single household (see section 258);

c the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);

d their occupation of the living accommodation constitutes the only use of that accommodation;

e rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation;

and f two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities.

3 A part of a building meets the self-contained flat test if—

a it consists of a self-contained flat;

and b paragraphs (b) to (f) of subsection (2) apply (reading references to the living accommodation concerned as references to the flat).

4 A building or a part of a building meets the converted building test if—

a it is a converted building;

b it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats);

c the living accommodation is occupied by persons who do not form a single household (see section 258);

d the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);

e their occupation of the living accommodation constitutes the only use of that accommodation;

and f rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation.

5 But for any purposes of this Act (other than those of Part 1) a building or part of a building within subsection (1) is not a house in multiple occupation if it is listed in Schedule 14.

6 The appropriate national authority may by regulations—

a make such amendments of this section and sections 255 to 259 as the authority considers appropriate with a view to securing that any building or part of a building of a description specified in the regulations is or is not to be a house in multiple occupation for any specified purposes of this Act;

b provide for such amendments to have effect also for the purposes of definitions in other enactments that operate by reference to this Act;

c make such consequential amendments of any provision of this Act, or any other enactment, as the authority considers appropriate.

7 Regulations under subsection (6) may frame any description by reference to any matters or circumstances whatever.

8 In this section— “ basic amenities ” means—

a toilet, personal washing facilities, or cooking facilities; “ converted building ” means a building or part of a building consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed; “ enactment ” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30); “ self-contained flat ” means a separate set of premises (whether or not on the same floor)— which forms part of a building; either the whole or a material part of which lies above or below some other part of the building;

and in which all three basic amenities are available for the exclusive use of its occupants.