Transcript Warwick District Council Private Sector Housing

HMO’s
Definitions and Standards
Landlord Forum 4th June 2014
Paul Hughes, Senior Environmental
Health Officer
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Types of HMO
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Shared Houses and Flats
Bedsits
Staff Accommodation
Hostels / B & B
Lodging Houses
Houses converted to self-contained flats
Houses containing self-contained AND non-self
contained flats
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HMO -Why Does It Matter?
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Planning Permission /Article 4
HMO Licensing
Management Regulations
Fire Precautions
Space and Amenity Standards
Council Tax Liability
Mortgage conditions
Insurance
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Definitions
Confusion arises because people
continually mix up the definition of
HMO and licensable HMO
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HMO Definition 1
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Section 254 (2) and (3) Housing Act 2004
House or flat
Persons who do not form a single household
Only or main residence (inc. migrant worker & asylum seeker)
Only use of the accommodation
Rent is payable or other consideration provided e.g. working
for landlord
• 2 or more households share one or more basic amenities or
living accommodation is lacking one or more basic amenities
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HMO Definition 2
• Section 254(4) Housing Act 2004
• Converted building
• One or more units of living accommodation not consisting of a
self contained flat or flats (whether or not it also contains self
contained flats)
• Persons do not form a single household
• Only or main residence
• Only use of the accommodation
• Rent is payable or other consideration provided
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HMO Definition 3
• Section 257 Housing Act 2004
• Converted blocks of flats
• All flats must be self contained (kitchen, bathroom and WC
behind flat entrance door)
• Building work in connection with the conversion did not
comply with Building Regulations 1991 and still does not
comply
• < 2/3 of the flats are owner-occupied
The HMO will be the building, although flats within the building
may also be HMO’s under Section 254
Converted blocks of flats not subject to mandatory licensing
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HMO Definition 4
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Section 255 Housing Act 2004
HMO Declaration
House, flat or converted building
Occupation constitutes a significant use of building
If satisfied, LHA serve HMO Declaration Notice
An example would be a guest house for tourists, where a
number of rooms are set aside for other persons as their only
or main residence
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Purpose Built Blocks of Flats
The building containing the flats can
never be an HMO but flats within the
building can be if they contain 3 or more
persons in 2 or more households
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So what is an HMO again?
Nearly always:
3 or more unrelated persons living as 2 or more households
who share a kitchen, bathroom or toilet in a house or flat
Rarely:
3 or more unrelated persons living as 2 or more households
who live in a converted building where at least one person
does not have all facilities (kitchen, bathroom, WC) behind
their front door
Or otherwise… it’s a building converted entirely to self contained
flats!
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Single Household
• Members of the same family
• Married or living together as a couple
• Parent, grandparent, child, grandchild, brother, sister, aunt,
uncle, nephew, niece, cousin
• Relationship of the half-blood
• Stepchildren
• Foster children
• Domestic staff e.g. nanny, waiter etc.
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Buildings which are NOT HMOs
Schedule 14 Housing Act 2004
• Buildings occupied by an owner and his family
and not more than 2 other persons (as lodgers
sharing some facility)
• Buildings occupied by only 2 persons who
form 2 households (n.b. 2 person let where
girlfriend later moves in = HMO)
• Buildings owned/managed by public
bodies/RSLs
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Housing Act 2004 Licensing
3 Types
• Mandatory HMO Licensing
• Additional HMO Licensing
• Selective Licensing
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Mandatory HMO Licensing
Licensing of Houses in Multiple Occupation
(Prescribed Descriptions)(England) Order 2006
• 3 or more storeys
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• 5 or more persons
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• 2 or more households
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Storeys
Take into account basements or attics:• used wholly or partly as living accommodation
• constructed, converted or adapted for use
wholly or partly as living accommodation
• used in connection with and as an integral
part of the HMO
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Storeys
Take into account:• Each storey of any business premises located
above or below living accommodation
• Any mezzanine floor not used solely as a means
of access between 2 adjoining floors if used
wholly or mainly as living accommodation or
used in connection with and as an integral part of
the HMO
• Any other storey used in connection with and is
an integral part of the HMO
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Bristol City Council .v. Digs (Bristol) Limited
2014 High Court
• 5 Storey building comprising disused
basement, maisonette over ground/first
floors, 2nd maisonette over second/third
floors
• Council argued 2nd maisonette comprised 4
storeys taking account of entrance hall at
ground level and staircases giving access to
first floor level
• Digs argued HMO comprised 2 storeys
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Additional Licensing
Section 56-60 Housing Act 2004
•Council’s discretion for any HMO of a
prescribed description or an HMO within a
designated area
•a significant proportion of the HMOs being
managed sufficiently ineffectively resulting in
particular problems either for those occupying
the HMOs or for members of the public.
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WDC Housing Strategy 2014-17
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Refresh our data on HMOs
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Investigate whether to introduce
additional licensing for buildings converted into
flats and also for shared houses.
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Selective Licensing
Part 3 Housing Act 2004
Council’s discretion to require selective licensing
of any house of a prescribed description or an
HMO within a designated area
Either – area of low housing demand or antisocial behaviour issues
E.g. London Borough of Newham
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HMO Standards
Management of Houses in Multiple Occupation (England)
Regulations 2006
• Apply to all HMO’s (similar Regs for Sec.257 HMOs)
• Duty to maintain structure, fittings fixtures and
appliances
• Duty to protect occupiers from injury e.g. falls
• Duty to provide Gas Safety Certificate on request from
Council (7 days)
• Duty to provide Electric Wiring Certificate on request
from Council (7 days)
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HMO Standards
Licensing & Management of Houses in Multiple
Occupation and Other Houses (Miscellaneous
Provisions) (England) Regulations 2006
• Apply to all licensable HMO’s
• Prescribed Standards for heating, amenities
and fire precautions but LHA’s may set their
own (higher) standards
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WDC HMO Licence Conditions
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Occupier limits
WC’s
Bathrooms
Kitchens
Heating, Lighting & Ventilation
Thermal Insulation
Fire Alarms, Emergency Lighting, Fire Fighting
Fire Protection
Gas Appliances
Electrical Installation & Appliances
Security
ASB
Space Standards
Works and timescales
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Fire Precautions
Housing Fire Safety - LACORS
• Applies to all HMO’s and to single household
dwellings
• National Guidance issued in 2008 and adopted
by WDC
Homestamp – A Guide to Fire and Security
Protection in Multi-Occupied Residential
Properties 2009 & 2012 update
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HMO Standards
HHSRS – Part 1 Housing Act 2004
• 29 prescribed hazards (e.g. fire, excess cold,
damp)
• Apply to any dwelling or HMO
• Category 1 or 2 hazards
• Improvement Notice, Prohibition Order
• Appeal to RPT
• Level 5 fine (£5000) & Works in default
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Paul Hughes CMCIEH
Senior Environmental Health Officer
01926 456729
[email protected]
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