Houses in Multiple Occupation (HMOs)

The following information on Houses in Multiple Occupation (HMO) and Licensing, explains the changes to multiple occupied houses and flats.

 

The change in definition particularly impacts on smaller shared houses, including those occupied by students, which have been brought back into the HMO definition.

 

The Act brought licensing in for certain categories of HMO, which is dealt with in greater detail below.

 

 

 

 

 

 

If you own a licensable HMO and you have not yet applied for a licence you must do so now. 

 

For further information Tel (0114) 273 4680, or email hmo@sheffield.gov.uk.

 

 

 

 

HMO Licensing replaced HMO registration with effect from 6 April 2006 for everything but self-contained flats that do not comply with Building Regulations 1991 standards (Known as Section 257 HMOs). HMO licensing applies to most HMOs that are occupied by five or more people on three or more storeys. For further details see the downloadable documents below.

 

From 1 October 2007, Statutory Instrument 1903, 2007 (pdf, 64.8kb) has introduced the possibility of licensing such houses under an additional licensing scheme.  We will be monitoring the problems in Section 257 HMO along with other smaller HMOs to decide whether or not we need to introduce additional licensing.

 

Some important definitions regarding licensing such as the definition of a storey are contained in Statutory Instrument 371, 2006 (pdf, 43.5kb).

 

 

 

All existing control provisions registrations, which expired after 6 July 2006 on a licensable HMO other than a Section 257 HMO, have been converted to HMO licences.  If landlords believe they should have received information regarding passporting to licensing but have not received a new licence they should contact us as soon as possible.  There are no transitional arrangements for Section 257 HMO.  Transitional arrangements are contained in Statutory Instrument 1060, 2006 (pdf, 83.1kb).

 

 

We have received over 1200 licence applications that are currently being processed. We are dealing with these applications in order of receipt. In this way there will be no disadvantage to landlords who sent in their applications on time. If any landlord wishes to have their application dealt with earlier, or dealt with all together then please contact us.

 

In common with many other local authorities, applications have failed to reach estimates, and we estimate that there are over 500 licensable HMOs for which applications have not been received. Landlords should be aware that we are quickly able to determine which other houses are likely to require licensing from the information we already possess.

 

Landlords who have failed to apply for a licence will be at risk of:

 

 

Our preference is always to work with landlords and to offer help and encouragement whenever we can.  We appreciate the efforts and interest of landlords who have already submitted their applications. If we have to search landlords out the cost of the licence may have to increase further and the likelihood of prosecution will be that much greater, especially for landlords who don’t declare their full portfolio of licensable properties.

 

 

 

The fire and amenity standards have been the subject of review.  New standards were adopted for amenities and is available as a download below.  We also agreed new standards for fire protection but immediately after this an advisory body (LACORS) circulated a draft national HMO fire safety standard and the finalised standard was published on 23 July 2008.  The fire standards contained in the standards will be replaced with guidance in a separate document in August 2008    

  

The National Minimum standards comes in two Statutory Instruments and gives the basis for many of the Council Standards.  Statutory Instruments 373, 2006 (pdf, 89.9 KB) was varied by Statutory Instrument 1903, 2007 (pdf, 64.8kb)

 

 

The act allowed for new Management Regulations.  There are two new sets of management relations, the first applying to most HMOs are detailed in Statutory Instruments no 372, 2006 (pdf, 55.9kb) and for those for section 257 HMOs (blocks of self contained flats that fall within the HMO definition) are contained in Statutory Instrument 1903, 2007 (pdf, 64.8kb). These came into force on 6 April 2006 and 1 October 2007 respectively.

 

The Management Regulations impose duties on both the managers and the tenants of an HMO.  The duties imposed are to ensure the good order, repair and, as appropriate, cleanliness of the following:

 

1.   means of water supply and drainage

2.   parts of the house in common use

3.   installations in common use

4.   living accommodation

5.   windows and ventilation

6.   means of escape from fire, including any fire apparatus.

 

The manager is also given certain responsibilities in respect of the disposal of refuse and litter, and the taking of reasonable precautions to protect tenants and lodgers from dangers resulting from structural conditions in the premises.

 

 

All HMOs have to be assessed to ensure there are no category 1 hazards within 5 years from the licence application.  A short guide to the 29 hazards and the background of HHSRS is available as a download at the bottom of the Help and advice for private landlords & tenants page.

 

 

Some HMOs will need to comply with the Regulatory Reform (Fire Safety) Order 2005, (often referred to as the RRO or just Fire Safety Order).  These will typically be houses let as bedsits, hostels and blocks of flats.  See the Communities and Local Government  website for the sleeping guide which relates to HMOs. 

 

You can download a copy of the (SYFRS) risk assessment proforma for the RRO at the bottom of the South Yorkshire Fire and Rescue page.

 

 

Some of the works to HMOs will require building regulation approval including change of use for houses occupied by more than 6, installation of plumbing and electrical works, thermal insulation and for structural alterations.  Meeting building regulation standards does not imply that the house meets HMO standards and will be free from HHSRS hazards.  Landlords submitting an application for building regulations should include HMO in the title of the application to enable the development to be identified so that we may advise you as to any requirements we might have. Please see About Building Regulations for more details.

 

 

Following a change to the Approved Code of Practice (ACOP) and guidance on

Legionnaires’ disease: The control of legionella in water systems.  All landlords providing rented accommodation will have responsibilities to ensure that the risks regarding legionella are properly controlled.  See the Health and Safety Executive (HSE) downloadable document Legionnaires Disease (pdf, 52.4kb) for more details.

 

 

From 1 October 2008, legislation will come into effect which will require landlords in the social and private rented sectors to give new tenants a copy of an Energy Performance Certificate (EPC) for their home, which will include a rating for its energy efficiency and environmental impact, together with recommended measures (for the landlord to consider) which would improve its rating. Prospective tenants will be able to make informed choices about the energy costs and environmental impact of properties they are considering renting.

 

Landlords will be encouraged to implement energy efficiency measures to make their properties more attractive to prospective tenants. As a result, standards in the sector will be improved, tenants will have warmer more efficient homes, and issues around the HHSRS excess cold hazard, fuel poverty and the wider climate change agenda will be also addressed.

 

See the Communities and local government website to download information on :

Energy performance certificates landlords guide (pdf, 369kb) & Energy performance certificates tenants guide (pdf, 427kb)

 

 

We have signed up to the principles of the Enforcement Concordat and have produced an Intervention and Enforcement Policy, which can be downloaded at the bottom of the Private Sector Housing Services Policy page. 

 

This policy commits all officers to good enforcement practices and procedures. It also sets out the decision making process that officers will follow regarding intervention, from an initial request or receipt of information to the conclusion of a matter.

 

This ensures that intervention and enforcement activity (formal and informal) is:

 

 

If you want help or more information please see Contacting Private Rented Standards 

 

 

In the interest of keeping the notes on some of the HMO Licensing notices to a minimum we have reduced the text size on the notices but included a copy of the notes in larger text size on the website – please see Housing act 2004 - Notices.