Houses in Multiple Occupation (HMOs)
The Housing Act 2004 introduced mandatory licensing of Houses in
Multiple Occupation (HMO) and a new definition of an HMO.
What is a HMO?
- A dwelling will be an HMO if three or more unrelated people are
sharing facilities
- Buildings comprising non self contained flats are HMOs
- Houses converted to self contained flats before 1991 and not in
accordance with the 1991 Building Regulations will be HMOs
- A self contained flat converted to 1991 Building Regulations or
later if occupied by more than three unrelated persons will be an
HMO.
Why are larger HMOs being licensed?
Larger HMOs, such as bedsits and shared
houses, are often linked to poorer physical and management
standards than other private rented property. The people who live
in HMOs are amongst the most vulnerable and disadvantaged members
of society. As HMOs are the only housing option for many people,
the government has recognised that it is vital that these
properties are effectively regulated.
Do all HMOs need licensing?
In Allerdale there is one type of HMO that
must be licensed. These are properties that are:
- Three or more storeys high
- Have five or more people in more than one household, and
- Share amenities such as bathrooms, toilets and cooking
facilities.
Penalties for operating without a licence
It is an offence if the landlord or person in control of the
property;
- Fails to apply for a licence for a licensable property
- Allows a property to be occupied by more than are permitted
under the licence.
A fine of up to £20,000 maybe imposed. In addition, contravening
any of the licence conditions can result in fines of up to
£5,000.
A tenant living in a property that should have
been licensed, but was not, can apply to the Residential Property
Tribunal (RPT) to claim back any rent they have paid during the
unlicensed period.
Applying for a HMO licence
If you think have or live in a property
that requires a licence, please contact Allerdale Borough Council
Housing Services on 01900 702570 or email housing.services@allerdale.gov.uk
Management of HMOs
If you are an owner or manager who is responsible for letting a
HMO, specific management legislation may apply to you. If the
property is a shared house please see the HMO Management
for Shared Houses guidance note below. If the property
has been converted into self contained flats, not in accordance
with the 1991 Building Regulations, please see the HMO Management
for Converted Flats guidance note below.
Landlord's Manual
The Landlord's Manual is a general guide giving landlords the
basic information they need to manage rented accommodation. A copy
can be downloaded from the downloadable documents section
below.