The new regulations to bring
mandatory licensing to all Houses in Multiple Occupation (HMOs) has come into
effect with the legislation likely to effect existing lets that are licensed as
HMOs. A new minimum room sizing has also been in introduced, as well as meaning
some properties that didn’t require an HMO license, will now require one.
The main changes
include an altered definition of HMOs under the Housing Act 2004, which is:
- For licensing properties, an
HMO is any property which is occupied by five or more people, forming two
or more separate households
This differs from
how HMOs were previously defined, which is: ‘An HMO is any property which is
occupied by five or more people, forming two or more separate households
and comprising three or more stories’.
If you already have
an HMO license under the existing definition, this will continue to be valid
until it expires (and this is usually five years from the date it was issued).
Properties licensed after 1st of
October
If you currently
let an HMO which didn’t previously need a license, but will do after the new
legislation comes into place, you’ll need to apply for a license through the
local council.
An important
exception is if the property is in a purpose-built block of flats comprising
three or more units.
Some extra clauses
will relate to refuge disposal and storage facilities, with minimum numbers of
bins and storage areas expected to be set out by the government.
Minimum room standards
It will be
mandatory for an HMO license to include a condition stating the maximum number
of persons who may occupy each specific room in a property as sleeping
accommodation. As of the 1st of October, landlords will have to
stop letting rooms that fall below the nationally prescribed standard.
- Landlords won’t be able to
let rooms to a single adult where the usable floor space is less than
6.51sqm, and 10.22sqm for a room occupied by two adults
- Rooms under 4.64sqm can’t be
used for sleeping accommodation
If not, they will
be in breach of their license condition, and could be prosecuted by the local
authority or receive a civil penalty under the Housing and Planning Act 2016.
Paul Barnes,
Director of Loveitts has warned landlords to be mindful of the new changes. “It
is imperative that landlords understand the need to register their properties
with the council as a Licensed HMO. If you would like any further advise I am
available to help and guide you through the process as the fines can be hefty
for those that do not comply.”