HMOs law other than HMO Licensing. For information about licensing, applications forms and guidance notes please visit HMO Licensing.
The Housing Act 2004 brought licensing in for certain categories of HMO, which is dealt with in greater detail below.
In most cases an HMO is a house or a flat in which two or more households live as their only or main residence and where some of these households share basic facilities, such as a kitchen toilet or bathroom.
There are 2 sets of management relations, the first applying to most HMOs are detailed in Statutory Instruments no 372, 2006 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.
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:
means of water supply and drainage
parts of the house in common use
installations in common use
windows and ventilation
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.
Management regulations also impose duties in the tenants of houses. We have produced an open letter to tenants detailing their responsibilities. This is available in the downloadable in the Licensing conditions section above.
Fire Booklet for non licensable HMO's in Sheffield
All HMOs should be free from Serious Health and Safety Hazards – known as Category 1 Hazards. Within 5 years of a licence application, all HMOs have to be assessed to ensure there are no category 1 hazards.
A short guide to the 29 hazards and the background of HHSRS for landlords and tenants.
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.
Trading Standards Section
Sheffield City Council
Environment & Regulatory Services
2-10 Carbrook Hall Road
Sheffield, S9 2DB
A Guide to the Furniture and Furnishings Regulations
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 Housing Health and Safety Rating System (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.
More about building regulations.
Planning permission will be required for new HMOs of over 6 persons and for any HMOs in the areas of the city with high concentrations of HMOs including:
These are in an area where we have made an Article 4 Direction.
Further information about Controls Over Houses in Multiple Occupation.
All landlords providing rented accommodation will have responsibilities to ensure that the risks regarding legionella are properly controlled.
The Health and Safety Executive (HSE) enforce landlords obligations.
Landlords in the social and private rented sectors must give new tenants a copy of an Energy Performance Certificate (EPC) for their home.
It includes 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 are able to make informed choices about the energy costs and environmental impact of properties they are considering renting.
Landlords are encouraged to implement energy efficiency measures to make their properties more attractive to prospective tenants. Standards in the sector have improved, tenants have warmer more efficient homes, and issues around the Housing Health and Safety Rating System (HHSRS) excess cold hazard, fuel poverty and the wider climate change agenda have been addressed.
We have signed up to the principles of the Enforcement Concordat and have produced an Intervention and Enforcement Policy.
This policy commits all our 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: