Housing fitness Standard

Houses in Multiple Occupation (HMO) fitness standard Under the Housing Act 2004, a house in multiple occupation (HMO) is defined as any building or flat occupied by two or more households which share basic amenities’.

Mandatory licensing will be introduced for all HMOs of three storeys or more and of those occupied by at least five people forming two or more households.

Consultation continues regarding the exact details of licensing but the Office of the Deputy Prime Minister has indicated that it is unlikely that properties made up solely of self-contained flats occupied by single households of no more than two sharers will required a license. However this may change depending on the results of the consultation.

Shared flats with five or more occupiers are likely to be included but consultation is also continuing about this. The ODPM has advised that it hopes to start licensing in the autumn of this year.

It is important to remember that the new definition of HMOs does include houses and buildings with shared facilities and also all flats and houses that are occupied by people living on a sharing basis, such as students or groups of professionals.

The Act tightly states that a household as a family, (including a couple living together as husband and wife, and same sex couples in a similar relationship) and any of their relatives.

The Registration schemes are locally based and it is likely that each local authority will differ.

Local housing authorities have been given the power to request that specific works be carried out to make an HMO fit for the number of occupants. The other alternative is the authority may simply limit the number of occupants if the property does not meet the required standards, which include:

• an adequate number of suitably located fixed baths or showers and wash hand basins for the exclusive use of the occupants, each of which is provided with a satisfactory supply of hot and cold water;

• an adequate number of suitably located water closets for the exclusive use of the occupants;

• satisfactory facilities for the storage, preparation and cooking of food, including an adequate number of sinks with a satisfactory supply of hot and cold water; and

• a proper and safe means of escape from fire and adequate fire precautions.

Some regulatory factors being consulted on by the Office of the Deputy Prime Minister include:

• whether five is the appropriate number of people to share bathrooms, toilets, wash basins and showers;

• what cooking facilities there should be;

• if a microwave oven is satisfactory as an alternative to an oven;

• how much refrigerated and other storage there should be;

• if laundry facilities should be provided.

There have been consultation on Management Regulations, Approved Codes of Practice and Amenity Standards in HMOs. Both landlord representatives and local authorities have asked for prescribed national standards. Establishing the national standards will probably involve further consultation causing further delays. If the Government decides against national standards, local authorities will have to take further time developing local standards.

You can face a fine of up to £20,000 as running an HMO without a license, or breaching the terms of a licence, is a criminal offence.