Most Houses in Multiple Occupation (HMOs) are in the private rented sector, and provide an important source of accommodation for low income households. Unfortunately, some of the worst housing conditions are to be found in HMOs, including disrepair, inadequate means of escape from fire, lack of basic amenities and unsatisfactory management of such properties.
The definition of an HMO in the Housing Act 2004 is complex, but can be summarised as a building (or part of a building) which includes more than one unit of accommodation, and in which the occupiers share basic amenities. The building must be the main residence of the occupiers and they must pay rent (or equivalent).
The CIEH has defined six categories of HMOs:
Houses divided into flats or bedsits where some amenities are shared
Houses occupied on a shared basis where occupiers have rooms of their own
Lodging accommodation where resident landlords let rooms
Hostels, lodging houses, and bed and breakfast hotels
Registered residential hotels
Self contained flats with common parts such as stairways
The Housing Act 2004 has introduced the Housing Health and Safety Rating System (HHSRS) which is used to assess and control physical conditions in HMOs. The HHSRS allows local authorities to take action requiring owners of HMOs in the private sector to carry out work to remove or minimise health and safety hazards.
HMOs need to be properly managed; problems can occur in common areas, and where facilities are shared but no individual tenant has overall responsibility.
Anyone is the manager of an HMO must ensure repair, maintenance, cleansing and good order of:
- Water supply and drainage
- Parts of the house and installations in common use
- Living accommodation
- Windows and other means of ventilation
- Means of escape from fire and other related apparatus and systems
- Outbuildings, yards etc. in common use
The manager is also required to:
- Make satisfactory arrangements for the disposal of refuse and litter
- Ensure reasonable precautions for the safety of residents
- Display the contact details of the manager in the house
- Provide information about the occupancy of the house as required by the local authority
The Housing Act 2004 introduces a mandatory national system of licensing for all houses in multiple occupation of three storeys or more and five or more occupants. HMO licences will last for five years. The new scheme will replace all HMO Registration schemes; HMOs that are currently registered can be passported into licensing (except for information only schemes).
Local housing authorities (LHAs) will be able to apply to the appropriate national authority (Secretary of State) to extend HMO licensing to other types of HMOs or to specific areas, under certain conditions; this is known as Additional Licensing. LHAs will be expected to deal with licence applications within a reasonable time – approx 6 weeks. This means that many authorities will not be able to inspect HMOs before issuing licences. The Act requires LHAs to carry out a survey using the Housing Health and Safety Rating System within 5 years of the issue of a licence, in order to check whether there are any hazards present which should be dealt with under the rating system.
The range of HMO definitions in the Act and the accompanying schedules are detailed and complex and are it is considered likely that they will be the subject of legal dispute.