9^th Jun 2019

It is now six months since the new regulations for mandatory licencing of HMOs was first introduced in October 2018, and according to a lettings agent many landlords are simply not up to speed with all of the new regulations.

Lisa Simon, who was in charge of the letting department for the agent and has recently become head of residential sales, previously wrote a column examining HMO legislation awareness and licensing requirements.

Houses in Multiple Occupation are defined as housing five or more unrelated tenants who share kitchen and or bathroom facilities which are classed as at least two households.

However rented homes that house three unrelated tenants can also be liable to HMO licensing dependent on local council rules.

Lisa writes: “In the first instance, it goes without saying that HMOs have long since been a fixture of the lettings landscape. From student houses to flat shares amongst young professionals, they are a commonality.

“However, it has come to light that many landlords and estate owners have found themselves responsible for HMOs by circumstance rather than design.”

Since 1st October 2018 the new HMO legislation regulates strict standards for housing conditions and safety, irrespective of whether tenants have temporary accommodation and short or long term tenancies.

Lisa Simon is very adamant that for many landlords operating HMOs the new regulations have “almost gone under the radar”.

Local councils will 'grant' licences for HMOs if they consider that the landlords are 'fit and proper' and most importantly their properties are suitable to house the number of tenants currently living there.

The new regulations also include minimum room size requirements of at least 6.51sqm for a single tenant and for two adults sharing a room, the usable floor area must be at least 10.22sqm.

Simon writes: “It is likely that an HMO licence will limit the number of individuals who can occupy a specific room as sleeping accommodation."

All landlords and agents who need a licence from the a local council must provide an updated gas certificate for each year of licensing, install or have in place smoke alarms throughout the property which are regularly checked and maintained, and electrical appliances' safety certificates.

Simon continued: “Generally, councils have been user-friendly and will offer guidance on what measures must be implemented for a licence to be granted. That said, councils are at liberty to add other conditions to a licence, such as improving the standard of an individual property’s facilities.

“Indeed, we have witnessed cases in which councils have requested that fire safety is prioritised. In practice, this has included emergency lighting, smoke alarms and fire doors. Meanwhile, other examples have involved the installation of more bathrooms.

“If an application for an HMO licence is declined, there is scope to appeal to the First-Tier Tribunal, albeit this incurs an additional fee set by the relevant council.

“Legally, councils can carry out spot checks and enforce an unlimited fine for failure of compliance, so due diligence is recommended. We are aware of two examples in which penalties were particularly acute, with one landlord in Brent, Greater London, who was fined £30,000 plus costs for letting an undersized room. Meanwhile, another landlord in the West Midlands was fined £180,000 for letting four unlicensed HMOs.

“But by no means should the legislation result in panic; if you’re unsure or think you might be responsible for an HMO, the best course of action is to seek professional advice at the first opportunity and tackle the issue head on.”


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