Houses in multiple occupation (HMO)

The definition of an HMO may vary according to different legislation and interpretation. For the purpose of the Housing act 2004 a building or a part of a building constitutes an HMO if:

• a building or a part of a building, consists of one or more units of living accommodation not consisting of a self-contained flat or flats
• the living accommodation is occupied by persons who do not form a single household
• 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

Exemptions from HMO definition

Certain types of buildings will not be defined as HMOs. These include those:

• buildings, or parts of buildings, occupied by no more than two households each of which comprise a single person (i.e. two person flat shares)
• buildings occupied by a resident landlord with up to 2 tenants
• managed or owned by a public body (such as the police or the NHS) or an LHA or a Registered Social Landlord
• where the residential accommodation is ancillary to the principal use of the building e.g. religious establishments, conference centres etc
• student halls of residence, where the education establishment has signed up to an Approved Code of Practice
• buildings regulated otherwise than under the Act, such as care homes, bail hostels etc, and the description of which are specified in regulations
• buildings entirely occupied by freeholders or long leaseholders.

Since April 2006 it has been mandatory to license larger, higher-risk HMOs. The mandatory scheme will include all rented properties of three or more storeys containing five persons or more, comprising of more than one household.

Local Housing Authorities (LHAs) will also have the discretion to extend licensing to other categories of HMOs to address particular problems that may exist in these smaller properties. Please read the frequently asked questions.

Further information can also be found at the Department for Communities and Local Government (DCLG)

What are the standards that HMOs have to meet?

The local authority has been given discretion to set conditions by which a licence can be issued. The standards will be assessed against the following condition indicators:

• means of escape in case of fire
• sharing of amenities
• overcrowding
• compliance with management regulations.

Read more about the requirements relating to houses in multiple occupation.

What support do we provide?

We offer advice, inspection, registration and enforcement services in relation to houses in multiple occupation and make sure that the building is safe, in good repair and has adequate means of detecting and escaping from fire.

We also make sure that there are enough sinks, cookers, baths and toilets for the tenants. Details of the various standards currently required for each type of HMO can be obtained from Private Sector housing (Environmental Health team).