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planning-applications.co.uk |
HOUSES IN MULTIPLE OCCUPATION
On 6 April 2006, mandatory licensing of houses in multiple occupation (HMOs) will come into force across England. Licensing will raise the standard of accommodation for people living in HMOs.
Under the changes in the Housing Act 2004, if you let a property which is one of the following types it is a House in Multiple Occupation:
An entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet. (For a definition of household see the relevant question under faqs.)
A house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.
A converted house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form two or more households.
A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.
In order to be an HMO the property must be used as the tenants’ only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges.
NOTES:
A self contained unit is one which has inside it a kitchen (or cooking
area), bathroom and toilet for the exclusive use of the household living in the
unit. If the occupiers need to leave the unit to gain access to any one of these
amenities that unit isn’t self contained.
The following are 'households' for the
purposes of the Housing Act 2004:
Members of the same family living together including:
1. Couples married to each other or living together as husband and wife (or in
an equivalent relationship in the case of persons of the same sex)
2. Relatives living together, including parents, grandparents, children (and
step-children), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces
or cousins
3. Half-relatives will be treated as full relatives. A foster child living with
his foster parent is treated as living in the same household as his foster
parent.
Any domestic staff are also included in the household if they are living
rent-free in accommodation provided by the person for whom they are working.
Therefore three friends sharing together are considered three households. If a
couple are sharing with a third person that would consist of two households. If
a family rents a property that is a single household. If that family had an
au-pair to look after their children that person would be included in their
household.
Why is HMO licensing being introduced?
Licensing is aimed at raising management and amenity standards in the rented property sector. The Government consider that Houses in multiple occupation (HMOs) in particular are often poorly managed and in poor physical condition.
Licensing is intended to raise the standards of such accommodation and ensure that landlords are managing their HMOs to the required standards.
How do I know if I need a licence?
If you can answer yes to the following questions you may need a licence:
Do you rent out property?
Does your property have three or more storeys (including habitable attics or basements)?
Does your property have five or more unrelated tenants?
Any of your tenants unrelated to each other?
You should check with the local authority where your property is located as some local authorities may also licence smaller HMOs.
For further information go to the following link:-