Housing Act 2004
Legal experts(1) have concluded that the new HMO legislation is incredibly complex (Carr et al. 2005, p75) and the purpose of the following text is to explain simply how the new provisions affect landlords and tenants. It is not an authoritative interpretation of the Act.
'HMO' stands for House in Multiple Occupation. However an HMO does not necessarily have to be a house. It can be a building or part of a building if:
- it is used for living accommodation
- by more than two people
- who are not part of the same family
- who share one or more basic amenities (bath/shower, WC or kitchen)
- and pay rent
The new act widens the HMO definition; many more shared houses are now included in the definition and in certain circumstances converted properties can also be HMOs.
All HMOs have to meet minimum standards for condition, management, facilities and fire safety. In addition the landlords of high risk HMOs now have to apply for a licence from the local authority. These new provisions became effective on 6 April 2006 and replaced existing HMO provisions; please see the linked document 'Revocation' relating to premises that were registered under the Council’s HMO Registration Scheme which has now lapsed.
The HMOs that need to be licensed are those with:
- three or more storeys, which are
- occupied by five or more people forming two or more households (ie people not related, living together as a couple, etc) and
- which have an element of shared facilities (eg kitchen, bathroom, etc)
Attics and basements are included as storeys if they are used as living accommodation. For the new definition of household, think 'family', eg couples (whether married or not), their children, parents, aunts, uncles, cousins etc.
Since 6 April 2006 landlords of licensable HMOs must make application to the Council for the issue of a licence. There was a three-month 'period of grace' for existing landlords but this expired on 3 July 2006 and it is now illegal for landlords to operate a licensable HMO without a valid licence.
Applications must be accompanied by the fee which has been set locally at £300. Application forms are available from Environmental and Community Health Services, Huntingdonshire District Council, Pathfinder House, St Mary's Street, Huntingdon, PE29 3TN.
When an application has been received, it will be assessed to determine if:
· the house is reasonably suitable for occupation by the number of persons or households specified in the application or can be rendered suitable for that number by conditions in the licence;
· the proposed licence holder is the most appropriate person to be granted the licence and is a fit and proper person;
· the proposed manager (if applicable) is a fit and proper person; and
· the proposed management arrangements are satisfactory.
Usually, a visit will be arranged to the property and the licence will be issued subject to the above points being satisfied. Conditions will be attached to the licence, including any changes required and the landlord will be consulted before these conditions are finalised. Please see the linked document ‘HMO Standards’ which sets out both prescribed and advisory HMO standards and conditions.
In addition to annual gas safety certificates, landlords will be required to produce electrical safety certificates, although these will last for five years. Fire precautions will vary depending on the property.
If you think your property may need to be licensed or have any questions please ring Environmental and Community Health Services on 01480 388302 or email by using the link on the right. More information is also available on the government website on the right.
(1) Carr, H., Cottle, S., Baldwin, T., King, M. (2005) The Housing Act 2004. Bristol: Jordan Publishing Ltd