All councils tend to enforce a set of guidelines for HMO Properties. We’ve created a general specification to help you remain compliant.
HMO Fact Sheet
- Consultation on Property Changes:
The licence holder must engage with the Council before altering the property’s layout, amenity provisions, fire precautions, or its occupancy.
- Obligation to Inform the Council:
The licence holder is required to promptly inform the Council about:
– Unspent convictions relevant to the licence holder or property manager.
– Court or tribunal findings related to unlawful discrimination.
– Civil or criminal proceedings regarding housing, public or environmental health, or landlord and tenant law.
– Property ownership history with licence refusals, revocations, or management orders under the Housing Act 2004.
– Property vacancy exceeding 3 months.
– Repossession or foreclosure.
– Successful claims against the licence holder for default of tenancy deposits.
– Change in managing agent or appointment of a new one.
– Substantial property works, conversions, modernizations, or emergency issues (fire, flood, or disaster).
- Emergency Management Arrangements:
The licence holder must furnish tenants with emergency management details for their absence, prominently displayed in common areas.
- Appointment of HMO Manager:
In the event of non-compliance, the licence holder should appoint an HMO manager, who must sign a declaration outlining adherence to licence conditions. A copy must be submitted to the Council within 14 days of the change.
- Council Access and Inspection:
The licence holder must ensure Council officers have unobstructed access for property inspections at any reasonable time.
- Management Training Requirement:
The Council may mandate the licence holder and/or manager to attend an accredited management training course if continuous deficiencies in the HMO are identified.
- Mandatory Display of Documents:
Essential documents must be clearly displayed in common areas:
– Copy of the licence.
– Current Gas Safety Certificate.
– Name, address, and telephone number of the Licensee and/or manager.
– Energy Performance Certificate/s (EPC) for new tenancies.
- Occupancy Limits:
The licence holder must ensure that property occupants do not exceed the specified limit on the licence. Occupancy should align with property amenities and room sizes, determined by the Council during licence approval.
- Accommodation Standards:
The HMO accommodation must have a floor area not less than 6.51 square meters for one person and 10.22 square meters for two people (varies by borough). En-suite facilities and areas with ceiling heights below 1.5 meters are excluded from the calculation.
- Rectification of Breaches:
The licence holder is responsible for promptly addressing any occupancy breaches. Upon notification, the local housing authority grants a maximum of 18 months for rectification.
- Definition of Sleeping Accommodation:
The count of persons using a room for sleeping does not include visitors of tenants. Any room regularly used for sleeping is deemed ‘sleeping accommodation,’ irrespective of other purposes.
- Exemptions under Charities Act 2011:
Night shelters and temporary accommodation for individuals with substance abuse or mental disorder are exempted from these regulations under the Charities Act 2011.
- Written Terms of Occupation:
The licence holder must provide HMO tenants with a written statement outlining the terms of their occupation (tenancy or licence agreement). A copy must be provided to the Council within 14 days upon request.
- Tenant Reference Checks:
Prior to a tenant’s move-in, the licence holder must obtain a suitable reference, considering the tenant’s history, credit, and right-to-rent checks. The Council should be provided a copy within 14 days upon demand.
- Deposit Protection:
The licence holder must protect tenants’ deposits under an assured short hold tenancy agreement, placing them in a statutory tenancy deposit scheme, with tenants informed accordingly.
- Complaints and Anti-Social Behaviour Procedure:
– Provide tenants, at the start of their tenancy, with a written procedure for handling complaints and dealing with anti-social behaviour.
– Conduct quarterly inspections of the property.
– Ensure tenants are not in breach of their tenancy agreement.
– Inform tenants from the start that anti-social behaviour may result in eviction.
- Prevention of Anti-Social Behaviour:
– Ask occupants to disclose unspent criminal convictions.
– Respond to reference requests from other licence holders within 21 days.
– Make a minimum of quarterly property inspections.
– Ensure tenants are aware of the consequences of anti-social behaviour.
- Addressing Anti-Social Behaviour:
– Inform tenants in writing of allegations of anti-social behaviour within 14 days.
– Monitor allegations for 28 days; if behaviour persists, issue a warning letter within 7 days.
– If behaviour continues after 14 days from the warning letter, legal eviction proceedings may begin.
- Record-Keeping and Reporting:
– Keep letters or notes related to anti-social behaviour for 3 years.
– Provide such documentation to the Council within 28 days upon request.
- Contacting Authorities:
Contact appropriate authorities if anti-social behaviour is suspected to involve criminal activity.
- Definition of Anti-Social Behaviour:
Anti-social behaviour encompasses tenant or visitor conduct likely to cause a nuisance or annoyance to others, in addition to behaviour involving the premises for illegal purposes.
- Gas Safety:
– An annual Gas Safe engineer inspection is mandatory.
– Submit a gas safety certificate, obtained within the last 12 months, annually to the local housing authority.
– If notified of a safety risk, a new Gas Safe certificate must be submitted to the Council within 14 days.
- Electrical Appliance Maintenance:
– The licence holder is responsible for maintaining all supplied electrical appliances.
– Ensure electrical appliances are safe and in good working order.
– Provide test reports and Portable Appliance Test (PAT) reports to the Council within 14 days upon demand.
- Furniture Safety:
– Furniture in the HMO must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
– Supply a declaration of furniture safety to the authority within 14 days upon demand.
- Heating System Requirements:
– Provide an adequate fixed heating system with adjustable controls, capable of maintaining a temperature of at least 21°C in habitable rooms.
- Property Security Measures:
– Ensure good working order of access points (locks and latches).
– Fit the front door with a mortice lock, to a five-lever security level.
– Inform occupiers about changing the burglary alarm code in writing.
– Change relevant locks if previous tenants haven’t returned keys before new tenants move in.
– Keep common areas clean, unobstructed, display ‘no smoking’ signs, and prohibit their use for sleeping.
- Exterior Maintenance:
– Maintain the exterior, including the roof, walls, drainage, gardens, fencing, paths, and outbuildings, in reasonable decorative order and state of repair.
– Outbuildings must not be used for sleeping.
- Waste Management:
– Ensure responsible storage and disposal of waste with an adequate number of bins.
– Inform tenants of waste arrangements within 7 days of the start of their tenancy.
– Actively address complaints about poor waste practices and record actions taken, providing the Council with the information within 14 days upon demand.
- Council-Identified Disrepair:
– Adequately address disrepair identified by the Council within the given timeframe.
– Carry out repairs by competent and reputable persons, ensuring tenant and visitor safety.
– Provide tenants with written confirmation of repair arrangements, submitted to the Council within 14 days upon demand.
- HMO Standards Compliance:
– Ensure that any works necessary to comply with HMO standards, as determined by the Council, are carried out within the specified period.
- Pest Management:
– Ensure the property and external areas are free from pest infestations.
– Manage infestations effectively within 7 days of being reported.
- Smoke Alarms:
– Install smoke alarms on each story with living accommodation or a bathroom.
– Smoke alarms must be hard-wired mains operated with battery back-up.
– Supply a declaration on the condition and positioning of alarms to the Authority on demand.
- Carbon Monoxide Alarms:
– Install carbon monoxide alarms in halls, landings, and rooms used as living accommodation.
– Supply a declaration on the condition and positioning of alarms to the Authority on demand.
- Fire Precautions:
– Ensure fire precautions (e.g. fire doors, fire alarms, emergency lighting systems) are provided and functioning at all times.
- Annual Servicing:
– Service all fire detection systems, means of escape, and fire-fighting equipment annually by a registered qualified person.
– Provide a new test/servicing report to the Council on demand within 14 days.
- Door Accessibility:
– Ensure main entrance/exit doors and all unit doors are openable from the inside without a key.
- Fire Procedures:
– Ensure all residents are fully aware of fire procedures.
– Display a clearly worded fire routine notice.
- Fire Blanket:
– Provide a fire blanket conforming to current British standards in each kitchen.
- Unobstructed Escape Routes:
– Ensure all fire escape routes are unobstructed.
- Additional Guidance:
– Refer to the LACoRS Regulations for comprehensive guidance on fire safety provisions
- Electrical Installation Report:
– Provide the Council with a current (within the previous 5 years) Domestic Electrical Installation Periodic Report within 28 days on demand.
– Address Council recommendations for urgent attention within 28 days of the report.
- Standards for Kitchen Facilities:
– Gas or electric cookers require at least an oven, grill, and four burners.
– Cookers should have adequate floor space and not be next to doorways.
– Each occupancy should have a refrigerator with a minimum capacity of 0.15 cubic meters.
- Kitchen Lighting and Ventilation:
– All kitchens must be provided with adequate artificial lighting and ventilation.
- Sink and Drainer Requirements:
– A stainless steel sink and integral drainer (minimum size 1000mm x 600mm) should be set on a base unit.
– The sink requires a constant supply of hot and cold water, properly connected to the drainage system.
– Tiled splashback with a minimum height of 300mm is necessary.
- Hand Wash Basin:
– A hand wash basin is not a suitable alternative to a sink.
- Water Closets:
– Water closets must be indoors, afford privacy, and have smooth non-absorbent surfaces that are easily cleaned.
- Bath or Shower Requirements:
– Each occupancy must be provided with a separate bath or shower where practicable.
– If not, one bath or shower must be provided and maintained for every five persons or less.
– Minimum dimensions for:
– Bath – 1700mm x 700mm
– Shower – 800mm x 800mm
– Each bath/shower room must have a suitable hand wash basin (minimum dimensions 500mm x 400mm).
– The room must be always accessible, have adequate artificial lighting and have adequate ventilation.
– Flooring should be non-slip.