Requirements relating to houses in multiple occupation (HMO)

What determines whether an HMO is suitable for occupation?

An HMO is considered reasonably suitable for occupation by the number of persons permitted under the licence, having regard at least to the minimum prescribed standards of amenities and facilities. These include the number, type and quality of shared bathrooms, toilets and cooking facilities.

In terms of the condition of a residential dwelling, the Housing Health and Safety Rating System (HHSRS), replaces the Fitness Standard.

All HMOs will be assessed against the 29 housing hazards, and the effect each may have on the health and safety of the current or future occupiers. For more information on the 29 housing hazards refer to minimum standards for accommodation.

Would the council treat all HMOs in the same way?

In practical terms, it would be impossible to treat all HMOs in the same way. Therefore we prioritise those that are at ‘highest risk’, particularly with respect to fire. The Housing Act 2004 requires certain types of HMOs to be licensed. The responsibility for licensing the HMO falls onto the owner, with fines being levied if properties are not licensed.

What type of HMO will need to be licensed?

All HMOs that are three storeys and taller (including those containing shops or offices), and where there are five or more occupiers sharing facilities (e.g. bathrooms, kitchens, etc) will require licensing.

In this context, a household is defined as families including single people, couples, and arrangements such as fostering and care or domestic staff.

However, councils can apply to the Secretary of State if they wish to extend licensing to other types of HMOs. For example, We may decide to apply to licence two storey properties where there are five or more households sharing facilities, as there are a large volume of these buildings, and hence a higher risk of fire.

What would be the cost of licensing?

The fees have been structured to recognise good practice on the part of the landlord/ agent and early payments. Currently there is a charge of £150 per habitable room. However, there are incentives (including a reduction in fees) targeted at accredited landlords, early payment and those who have already been assessed as being 'fit and proper'. See our breakdown of fees for more information.

The licence would be for a maximum of five years, after which time it must be renewed. During this five year period, the premises would need to be inspected by the Private Sector Housing (Environmental Health) team.

Are there any other requirements?

Legislation and local circumstances may also require additional conditions as part of the licence. These could include:

• the landlord being a 'fit and proper' person
• size of rooms
• dealing with tenants ‘anti-social behaviour'’, when this is within the premises
• number of people sharing.

What help is available?

The council does have some resources for Health and Safety grants for HMOs, focused on works for fire precaution, means of escape and health and safety. These are available for those HMOs that require a licence. Additional assistance may be available for ‘accredited landlords’. For information about HMO grants, please refer to Grants and loans for landlords.

What action can the council take?

The council can take various courses of action to deal with properties that fail to meet the minimum requirements. These include serving Improvement or Prohibition Notices under the Housing Act 2004, in relation to the conditions within the property in question. This could ultimately lead to prosecution.

For more information on this, please refer to action to deal with unsafe housing conditions.

In the case of HMOs that are licensable, the council can take further action. This would include taking over management of the property if the owner is not deemed to be a 'fit and proper' person.

In addition there is the Rent Repayment Order (RRO), a financial penalty that can be imposed upon a landlord who, without reasonable excuse, manages or lets an unlicensed property which ought to be licensed under Part 2 or 3 of the Act.

How can I find out more?

If you would like to know more about HMO licensing please contact:

Private Sector Housing (Environmental Health) Team
3rd Floor
Hambrook House,
London SW2 5RW
Tel: 020 7926 4444 or 020 7926 4247
E-mail: privatesectorhousing@lambeth.gov.uk