HMO Advice

This depends on factors including the size of the HMO, local regulations, and the specific characteristics of the property.

It is important to check local Article 4 Directions or other specific regulations which may affect your property.

A property for 3-6 occupants will be classed as a small HMO and if it is to house more than six people it will be classed as a large HMO.

Consider getting pre-application advice from the local authority to clarify requirements and then make sure you apply for the permissions required.

It is very important to be clear about whether a property is a HMO by definition in law. A common misconception is that if a property does not meet the definition of a Mandatory Licensing it is not an HMO. This is incorrect and a number of regulations with serious penalties apply to all HMOs.

• If a property is occupied by 3 or more people forming two or more households and sharing facilities it is an HMO (for example a 2 bed property with a couple renting a room with an individual renting another room).
• Mandatory Licensing is any property with 5 or more occupants, forming at least two households sharing living/bathroom/kitchen/dining facilities.
• Some blocks of self-contained flats are classed as HMOs under S257 of the Housing Act 2004, due to the date of conversion.
• An individual self-contained flat can be an HMO if it meets the standard definition or that of Mandatory Licensing.
• Exemptions – A property occupied by only two individuals, owner occupiers with up to two lodgers; properties managed by local authority, registered social landlord properties, police, health or fire and rescue services, certain student halls of residence and some religious buildings.

It is important to make a distinction between the “cohesive” or “non-cohesive” occupation of an HMO. The type of occupation will dictate differing standards for fire safety, room sizes, maximum occupation and level of amenities to ensure the safety and well-being of tenants (for example - non-cohesive HMOs require a much higher standard of fire precautions than a cohesive HMO).

• Cohesive HMO – Makes consideration to the social group -  i.e. students often come as a pre-formed group and more likely to act as one group.
• Non-cohesive/bedsit HMO – Individuals renting a rooms on individual tenancies;

The HHSRS is a hazard rating system used by local authorities and property professionals to assess hazards within the properties.

HHSRS will be used when a property is inspected by the local authority and defects contributing to hazards are identified and assessed as a Category 1 or 2.

The local authority uses these scores to decide on the most appropriate course of enforcement action and have a duty to remove category 1 hazards and discretional duty to deal with category 2 hazards.

We are professionally trained in HHSRS with a wealth of experience to identify any significant hazards within the property and specify a solution.