HMO Definition - changes 1 Oct 18 for mandatory licence and new room sizes
A building or part of a building (flat) which is occupied by more (HMO) than one household (see Household) and where at least one of the households share or lacks access to basic amenities (cooking, toilet etc.) and occupation by the households is as their main residence and it is the sole residential use of the accommodation. HMOs include bedsits, hostels, accommodation above shops, shared houses and flats, houses partly converted into selfcontained flats and buildings fully converted into self contained flats where the conversion work does not comply with the 1991 Building Regulations and where less than 2/3 of the flats are occupied by long leaseholders.
See sections 254-259 of the Housing Act 2004 for a full definition.
Important from the 1 Oct 2018 the definition and requirement to have a licence for Mandatory HMO changes
From October 1st, 2018, there will be a broadening of the requirements for compulsory HMO licensing, as cited in section 55(3) of 2004's Housing Act; because of the new requirements more properties will have to be licensed, before they can be rented out.
From that date any HMOs that have five or more people will have to be covered by a mandatory licence; the requirement for the number of storeys is no longer relevant read more
The new HMO rules are covered by “The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018”, which can be read in full here. This was agreed by parliament on February 23rd and will come into effect across England on the 1st of October, 2018.
NEW Definition minimum room sizes
Please note this is draft legislation - see proposed new room sizes
The Ministry of Housing, Community and Local Government has published the expected regulations confirming that from 1 October 2018 HMOs licensed in England under part 2 of the Housing Act 2004 will be required to have a floor area no-smaller than 6.51 square metres.
Licenses issued from 1 October will have to contain the following conditions:
- to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres;
- to ensure that the floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres;
- to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres;
- to ensure that any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation.
Where a breach is found to exist, local authorities will be able to grant a period not exceeding 18 months to rectify the situation.
Additionally, a condition will be included to mandate that landlords of licensed HMOs comply with any relevant local authority waste scheme - although no further details or minimum requirements are specified.
The full draft SI may be found here: The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018