Housing of Multiple Occupation (HMOs)

What is a HMO?

A HMO is a building or part of a building:

• In which three or more unrelated people share an amenity (or the building lacks an amenity) such as a bathroom, toilet or cooking facilities; or
• Which is a converted building that does not entirely comprise self contained flats (whether or not there is also sharing or a lack of amenities); or
• Which is comprised entirely of converted self contained flats and where the standard of conversion does not meet the minimum that is required by the 1991 building regulations, and more than one third of the flats are occupied under short tenancies (Section 257 HMOs).

Which properties need a HMO licence?

From 1 October 2018, a property will require a licence if:

• It is let to five or more people, forming two or more households
• Has any number of storeys
• Tenants share at least one facility, such as a bathroom or a kitchen or the accommodation lacks one of these amenities.

Prior to 1 October 2018, only properties which met the above criteria and had three or more storeys required a licence. HMOs that have already been granted a licence under the existing legislation do not need to reapply for a licensc until their current one expires.
Landlords who operate a licensable HMO without a licence are committing an offence and may be prosecuted.

Applying for a HMO licence

If you think that you have a property that needs to be licensed, please download and complete the application form below:

Download a HMO licence application form

Alterantively, you can contact the Private Sector Housing team on 0300 373 3730 or email housing.services@cumberland.gov.uk . 

With your application you must also provide:

• The appropriate licence fee
• A floor plan of the property indicating room sizes, location of the bathroom, toilet and kitchen facilities plus the position of smoke alarms, emergency lighting units and fire doors  
• A current gas safety certificate (if the property has a gas supply)
• A valid electrical test certificate 
• A portable appliance test certificate for any electrical equipment you supply as part of the tenancy
• A declaration that all upholstered furniture supplied complies with the Furniture and Furnishings (Fire Safety Regulations) 1988.

For 2023/24 the standard licence fee has been set at £476.00 with an additional £36.00 for each letting room over five. A licence is valid for five years.

HMO Register

Section 232 of the Housing Act, 2004, states that the council is required by law to keep a register of all the HMO licences that are in force. The register, which we redact, must include the name and address of the licence holder and the address of the licensed HMO.  We are also required to make that information available to members of the public. You can see our register at HMO Register .

Energy performance in properties

The Minimum Energy Efficiency Regulations apply to all privately rented properties in England and Wales which are legally required to have an Energy Performance Certificate (EPC), and which are let on a relevant tenancy type (please see the published guidance documents for the definition of relevant tenancy).

The PRS Exemptions Register is for properties which are legally required to have an EPC, and which are let on a relevant tenancy type, but which cannot be improved to meet the minimum standard of EPC band E for one of the reasons set out on the Government website.

Where an exemption applies, the exemption must be registered by the landlord (or an agent for the landlord) before it can be relied on; this registration is made on a self-certification basis and an exemption will apply from the point at which it is registered.

Where an EPC F or G rated privately rented property is not covered by the Regulations, for example a property which is not legally required to have an EPC, or one not let on a relevant tenancy type, an exemption will not be required. In addition, properties which are covered by the Regulations and which have been improved to a minimum of EPC E will not need to be registered on the Register.
 

New Smoke and Carbon Monoxide Alarm Requirements

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require private landlords tohave at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance. After that, the landlord must make sure the alarms are in working order at the start of each new tenancy.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 are due to come into force on 1 October 2022. These amendments will mean:

• social landlords will be required to provide a smoke alarm on every storey of their properties where there is a room wholly or partly used as living accommodation
• both social and private landlords will be required to provide carbon monoxide alarms in any room of their properties used wholly or partly as living accommodation where a fixed combustion appliance is present (excluding gas cookers)
• there will be a new obligation on all landlords to repair or replace any alarm which is found to be faulty duriing the period of a tenancy, and landlords will be required to repair or replace alarms as soon as reasonably practicable

Failure to comply with these regulations may lead to a fine of up to £5,000.