Houses in Multiple Occupation Licensing

As many Landlords are aware, the Housing Act 2004 introduces mandatory licensing of high risk houses in multiple occupation (HMOs) – these are HMOs of 3 storeys or more, which are occupied by 5 or more people, who form two or more households.

• What is an HMO?
• What is covered?
• What do I do if I have one of these HMOs?
• How do I apply?
• What do I need to do now?
• What happens if I do not bother applying?
• How can I get more information about Mandatory HMO Licensing?

What is an HMO?

The definition of an HMO has been changed to include shared accommodation situations where the occupiers are not a family group (i.e. mum, dad, children and grandparent, all related), where rent or other considerations are paid, and where there is some sharing of basic amenities (bathroom, toilet, and kitchen), i.e. non self-contained. But, it also includes a converted house with self-contained units that fail to meet the standards required by the 1991 Building Regulations and less than two thirds of the flats are held on long leases or by freeholders.

What is covered?

The sort of properties that would typically be covered by Mandatory Licensing would include:

• a large terraced house with ground floor, first floor and second floor (or rooms in the roof), occupied by 5 or 6 students sharing.
• shared accommodation on two floor levels, occupied by a couple with a child and 2 single people, above a ground floor shop;
• a large 3-storey house converted into 5 self-contained units with tenants, but failing to meet the 1991 Building Regulations standard.

What do I do if I have one of these HMOs?

You will be required by law to apply to your local council to licence the HMO, as it will be an offence to run an un-licensed HMO. Furthermore, no rent will be payable for an un-licensed HMO (the Residential Property Tribunal may make a Rent Repayment Order for up to 12 months of rent in such circumstances). So, it is important to make contact with your council.

How do I apply?

To complete an online application form, click here.  If you wish to inform us of a change in your licence, please complete the form here.  If you would prefer to complete a form by hand, please contact the Residential and Environmental Protection team on the number below. Officers from the Residential and Environmental Protection team will then normally arrange a survey, and as a condition of the licence, may require works (relating to its management, use and occupation and its content and condition) to improve the property to a reasonable standard. A reasonable time period for meeting these conditions will be given.

What do I need to do now?

If you own or manage one of these larger HMOs (3 storey/ 5 people), you should notify your council in writing with your contact details and the full address(es) of the HMO(s). The address to write to is:

Residential and Environmental Protection Team, Hart District Council, Civic Offices, Harlington Way, Fleet, Hants. GU51 4AE

Hart District Council will then acknowledge your notification and send you a HMO Licensing Pack once available and the licence fees have been set.

What happens if I do not bother applying?

If you run an un-licensed HMO you run the risk of prosecution, a fine of £20,000 and of rent being repaid.

How can I get more information about Mandatory HMO Licensing?

Besides contacting your local council, information is also available on the following website www.propertylicence.gov.uk