Why do Houses in Multiple Occupation need a licence?
Licensing of Houses in Multiple Occupation (HMOs) is intended to make sure that:
- Landlords of HMOs are fit & proper people or they employ managers who are
- The standard of their management is adequate
- The HMO is suitable for occupation by the number of people allowed under the licence, and
- High risk HMOs can be identified and targeted for improvement.
Do I need a licence?
HMOs need to be licensed if they have:
- 3 or more storeys that can be lived in; and
- 5 or more occupants
You need a licence if you operate this type of HMO. In simple terms an HMO is a single home that is occupied as their main residence by more than one household who share one or more basic amenities.
- A household is defined as occupiers of the same family and includes spouses, co-habitués, same sex couples and any blood relative.
- Basic amenities means a toilet, personal washing facilities, or cooking facilities
This includes bedsits, houses partly converted into self-contained flats, hostels, accommodation above shops and shared houses and flats.
Houses converted to self-contained flats before 1991 and not in accordance with the 1991 Building Regulations will also be HMOs.
The one exception is that if you intend to stop operating as an HMO or to reduce the numbers of occupants and can give clear evidence of this, then you may apply for a Temporary Exemption Notice. This lasts for a maximum of three months and ensures that a property in the process of being converted from a HMO does not need to be licensed.
If think that a property you own or manage or intend to operate as an HMO needs a licence or a Temporary Exemption Notice please contact us by telephoning Housing Standards on 01283 508680 or emailing housing@eaststaffsbc.gov.uk.
What legislation applies?
Part 2 of the Housing Act 2004. Order 2006 No 271 specifies the main types of HMO which need a licence. Schedule 3 of Order 2006 No 373 sets out the standards required to make an HMO suitable for occupation by a given number of households or persons.
What are the conditions of registration?
A licence will be granted if the Council is satisfied:
(a) that the house is reasonably suitable for occupation by not more than the maximum number of households or persons specified in the application, or a number decided by the Council;
(b) that the proposed licence holder —
(i) is a fit and proper person to be the licence holder, and
(ii) is, out of all the persons reasonably available to be the licence holder in respect of the house, the most appropriate person to be the licence holder;
(c) that the proposed manager of the house is either—
(i) the person having control of the house, or
(ii) a person who is an agent or employee of the person having control of the house;
(d) that the proposed manager of the house is a fit and proper person to be the manager of the house; and
(e) that the proposed management arrangements for the house are otherwise satisfactory.
What are the penalties for not having a licence when required?
It is an offence not to have a licence when required and a fine of up to £20,000 may be imposed.
In addition, a tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months). The Council can also reclaim any housing benefit that has been paid during the time the property was without a licence.
How will my application be determined?
The Council will decide what conditions need to be included in the licence. Conditions that will apply to all licences are:
- The gas safety certificate, which is renewed annually, must be provided to the Council (where the property has a mains gas supply)
- All electrical appliances and installations provided as part of the tenancy must be in a safe condition;
- All furniture provided as part of the tenancy must comply with the relevant regulations;
- An automatic fire detection system is to be installed within the house and maintained in proper working order;
- A declaration, as and when required by the Authority, as to the condition and positions of such alarms;
- The tenants must be provided with a Tenancy Agreement
The Council may also apply the following conditions:
- Restrictions or prohibitions on the use of parts of the HMO by occupants;
- A requirement that the condition of the property, its contents, such as furniture and all facilities and amenities, bathroom and toilets for example, are in good working order;
- A requirement for specified works or repairs to be carried out within a particular timescale;
- A requirement that the responsible person attends and approved training course
How much will it cost?
The charge for an HMO licence in East Staffordshire is £400 if the application is submitted complete first time, £495 if it is found to be incomplete. The licence lasts up to 5 years after which it needs to be renewed.
How do I apply?
To apply please complete the online form in accordance with the Guidance Note. If you need assistance with your application we are happy to help. Please contact us for free advice.
Do I need to provide further information or evidence?
You need to provide a plan, with measurements, showing the location and size of each room in the property. If you already have plans of the property you may submit these. Alternatively please provide a separate sketch plan of each floor level of the property.
How long will it take you to process my registration?
We will acknowledge your application within 7 working days and process your application within 2 months.
Will tacit consent apply?
The Council will not prosecute you for operating an HMO without a licence if two months have passed since you submitted a properly completed application for a licence but the Council has not granted or refused the licence.
If my registration is refused, how do I appeal?
Please raise any concerns with the Council. However the landlord, manager or person having control of the property may appeal if the Council decides to:
- Refuse a licence
- Grant a licence with conditions
- Revoke a licence
- Vary a licence
- Refuse to vary a licence
Appeals must be made to the Residential Property Tribunal (RPT), normally within 28 days
What if I have a complaint or concern?
Please contact the Housing Standards Team.
Can I view a public register of notifications online?
Yes: Public Register of Licensed HMOs
If you require any further information please contact:
Housing Standards Team
Tel: 01283 508680
Email: housing@eaststaffsbc.gov.uk