Introduction
This guidance document is to notify owners and managers of the standards required of Houses in Multiple Occupation (HMOs). The standards include information on the amenities required for the occupiers of the property, room sizes, fire safety of the property and management of the property.
Amenities are toilets, bathrooms, kitchens and personal washing facilities and when assessing the number of amenities consideration is given to the proposed number of persons and households that are intended to occupy a property. The purpose is so that a HMO has a sufficient quantities/numbers of relevant amenities and space for the proposed number of persons and households intended to occupy the HMO.
This guidance replaces previous guidance and standards the Council has issued in the past and takes into account the new national minimum room sizes that come into force on 1 October 2018.
A HMO licence will specify the maximum permitted number of occupants and or households. The occupancy number will depend upon the number and size of rooms and the amenities available within the property.
The Council is required to include on licences mandatory conditions set by central government. In addition, the Council may include further licence conditions relating to housing and management standards.
Also, when deciding whether to grant a licence, the Council must be satisfied that the HMO is reasonably suitable for occupation by the maximum permitted number of households or persons. When deciding these issues, the Council will have regard to the standards set out in this document. Each decision on these issues will be made on the individual circumstances of the case.
The standards contained in this document also relate to HMOs that do not require a licence. This would include any residential property occupied by 3 or 4 persons forming 2 or more households.
All HMOs are subject to the Housing Health & Safety Rating System (HHSRS). This is a risk-based evaluation tool to help local authorities to identify and protect occupants against potential risks and hazards to health and safety from any deficiencies identified in dwellings. If a Category 1 hazard is identified within an HMO any improvement notice issued by the Council under the Housing Act 2004 in relation to that hazard must be served on the HMO Licence Holder even if that person is not the owner of the property.
The HHSRS will address hazards within a property. Should this guidance be followed and a property is maintained in good repair and condition, then hazards identified within a HMO are unlikely to be Category 1 or high banded Category 2 hazards. However, the Council has a duty to take formal action if a category 1 hazard is identified and may take action on category 2 hazards.