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HMO (Houses in Multiple Occupation)

Posted: 05.05.2009

Under the changes in the Housing Act 2004, if you let a property which is one of the following types it is a House in Multiple Occupation:

• An entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet. (For a definition of household see the relevant faq.)
• A house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.
• A converted house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form two or more households.
• A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.

In order to be an HMO the property must be used as the tenants’ only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges.

If you can answer yes to the following questions you may need a licence.

• Do you rent out property?
• Does your property have three or more storeys (including habitable attics or basements)?
• Does your property have five or more unrelated tenants?
• Any of your tenants unrelated to each other?

You should check with the local authority where your property is located as some local authorities may also licence smaller HMOs.

If you are unsure whether you will need an HMO License for your property please contact Redbrick and we will be glad to advise.

Other Landlord Property Regulations

Energy Performance Certificate
Tenancy Deposit Protection
Gas Safety (Installations and Use) Regulations 1994 (as amended)
Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989 and 1993)