A dwelling is considered to be an HMO if it contains 3 or more occupants who:
do not form a single household,
share one or more facilities, and
live in the dwelling as their main place of residence.
The definition includes houses containing bedsits, hostels, shared houses and flats. The exact definition is described by standard tests detailed in Section 254 of the Housing Act 2004.
All HMOs are subject to regulations to ensure that they are properly managed. These regulations impose duties on the manager of a HMO to ensure that certain facilities are provided, inspected and maintained, the physical structure of the property is kept in good order and residents are provided with contact details for the manager. Also, the regulations require the tenant to take care of their accommodation and act responsibly
The Management of Houses in Multiple Occupation (England) Regulations 2006 cover all HMOs which do not comprise self-contained units. A person managing an HMO is responsible for carrying out duties imposed by these regulations.
The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 cover some buildings that have been converted into self-contained flats. A person managing this type of HMO is responsible for carrying out duties imposed by these regulations.
All HMOs must contain a sufficient number of bathrooms, toilets and kitchens for the number of people living in them. These are included within the Council's amenity standards.
Fire Safety in HMOs
All HMOs must be provided with adequate means of escape in case of fire. HMO owners and residents can view the Council's standards. This guide is based on national guidance issued by Lacors.
The Housing Act 2004, introduced mandatory licensing for some HMOs.
Mandatory licensing only applies to buildings that are 3 or more storeys (levels) high and occupied by 5 or more people.
The definition of a storey includes basements, commercial premises and loft conversions.
Landlords must submit a separate licence application for each property rented out. The Council charges a fee for processing a licence application. The fee for processing HMO licence applications is £150 per person with a minimum fee of £750. The licence will last for 5 years.
St Albans City and District Council only have Mandatory Licensing. Some other local authorities have chosen to expand their licensing schemes to other types of property. The government recently consulted on HMO licensing. The results of this are expected to be published later in the year
All licensed HMOs will be inspected to identify disrepair, fire safety, amenity or other safety concerns. Landlords will be required to bring their property up to standard within a fixed period. Licences will be granted if the:
- house is or can be made suitable for multiple occupation,
- applicant is a fit and proper person and the most appropriate person to hold the licence,
- proposed manager has control of the house and is a fit and proper person to be the manager, and,
- management arrangements are satisfactory.
Will tacit consent apply? No
Register of licensed Houses in Multiple Occupation
For further information please email firstname.lastname@example.org or telephone 01727 819447