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HMO Legislation
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From April 2006 landlords of certain HMOs need a licence before they can rent out their property. The Housing Act 2004 introduces national mandatory licensing for HMOs of three or more stories that contain five or more tenants, regardless of age.

What is the definition of house in multiple occupation?

The new act changes the definition of HMO. A house in multiple occupation means a building, or part of a building, e.g. a flat, which

Is occupied by more than one household where amenities, such as a bathroom, toilet or cooking facilities are shared;

Is occupied by more than one household and which is a converted building which does not entirely comprise self contained flats, whether or not there is also a sharing or lack of amenities

Comprises entirely of converted self contained flats and the standard of conversion does not meet, at a minimum, that required by the 1991 Building Regulations and at least one third of the flats are occupied under short tenancies

Households is defined as

Persons who are all members of the same family, including single persons and co habiting couples, whether or not of the opposite sex. Members of the same family are people who are parents, grandparents, child, brother, sister, uncle aunt, nephew or niece of the other.

Only HMOs containing five or more residents AND of three or more stories will need to be licensed. Any HMO which comprises entirely of self contained flats each occupied by a single household, will not need to be licensed???????????

In addition to mandatory HMO Licensing, the act also allows Local Housing Authorities (LHA’s) to introduce Additional Licensing of HMO’s. This could include for example buildings  

It is important to check with individual local authorities in respect of which HMO’s, licensing applies to within their area.

What does HMO Licensing involve

 

If your property is an HMO

 

It is a legal requirement for your property to be licensed.

 

If you do not license your HMO, you may be prosecuted. It is a criminal offence not to license your HMO.

 

You will need to submit an HMO Licensing Application Form and the fee.

 

With your application, you will need to submit scale plans of the HMO.

 

You will also need t

 

What does HMO Licensing cost? The fee varies from one local authority to another. Typically, the fee will be calculated as a cost per habitable room.

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