HMO Licensing Rules
HMO Licensing Rules – What you need to know
HMO Licensing Rules – What you need to knowSignificant changes to the rules relating to the licensing of Houses in Multiple Occupation (HMOs) took effect on the 1st of October 2018.
The new guidance for landlords to further protect tenants from poor living conditions has been published here, but we’ve listed for you the key changes that might affect you.
What is HMO?
HMO is a property rented out by at least 3 to 5 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’.
If you want to rent out your property as a House in Multiple Occupation in England or Wales you must contact your council to check if you need a license.
You must have a license if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:
- it is rented to 5 or more people who form more than 1 household
- some or all tenants share toilet, bathroom or kitchen facilities
- at least 1 tenant pays rent (or their employer pays it for them)
Even if your property is smaller and rented to fewer people, you may still need a license depending on the area. Check with your council.
Landlords, are you ready for the extended mandatory HMO licensing?
The ‘three-storey rule’
Three combined criteria used to define if a property required a mandatory licence. The requirement for a property to have 3 storeys is no longer one of them. This means that any HMO occupied by 5 or more individuals (not all related to one another) will now require a license, regardless of the number of storeys.
License Application
You may well remember back in 2006 when the mandatory Houses in Multiple Occupation (HMOs) licensing for England and Wales came into force. It was designed to enforce standards to landlords with properties of three storeys or more – with five or more people, making up two or more separate households living in them.
Landlords of properties which require new licensing must apply for a license by 1st October 2018 and ensure that the property complies with local authority requirements, failing to do so is considered a criminal offence.
The government originally proposed a 6-month grace period, but this has been abandoned. Properties which are already covered by an HMO license will continue to be covered as before until the license’s expiry date. Upon renewal of the license the new minimum room size requirements will be applied.
The introduction of minimum room sizes
From the 1st of October 2018 the mandatory minimum bedroom size for individuals sleeping in an HMO will be as follows:
- 6.51 m2 for one person over 10 years of age
- 10.22 m2 for two people over 10 years of age
- 4.64 m2 for one child under the age of 10
If a room is smaller than these specified sizes, it must not be used as sleeping accommodation. In addition, any area of the room having a ceiling height that is less than 1.5m cannot be counted towards the minimum room size.
Where a breach is found to exist, local housing authorities will be able to grant a period not exceeding 18 months to rectify the situation, however they can choose to shorten this period.
You can read the full details and conditions by clicking here: HMOs Licensing Reform