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Houses in multiple occupation

Housing - March 2011
private.sector@kirklees.gov.uk



What is a house in multiple occupation (HMO)

Under the changes in the Housing Act 2004, if you let a property which is one of the following types it is a House in Multiple Occupation:

  • an entire house or flat which is let to 3 or more tenants who form two or more households and who share a kitchen, bathroom or toilet.
  • a house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.
  • A converted house which contains one or more flats which are not wholly self contained (i.e. the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by three or more tenants who form two or more households.
  • A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.

In order to be an HMO the property must be used as the tenants' only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges.
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What is a "household" for the purposes of a HMO?

The following are "households" for the purposes of the Housing Act 2004:

Members of the same family living together including:
  • Couples married to each other or living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex).
  • Relatives living together, including parents, grandparents, children (and step-children), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins.
  • Half-relatives will be treated as full relatives. A foster child living with his foster parent is treated as living in the same household as his foster parent.

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Licensing

HMO's can provide a housing option for certain groups such as single people, mobile workers, students and for those who cannot or prefer not to own their own property. Some of the people who tend to live in HMO's are amongst the most vulnerable and disadvantaged groups in society.

Larger HMO's within the private rented sector are generally viewed as containing some of the worst housing conditions, and practices of housing management. As HMO's are the only housing option for many people it is recognised that it is vital that these properties are properly regulated in the form of licensing.

Is my HMO licensable?

Mandatory licensing requires that properties that fall into the categories below must by law be licensed:

  • Three or more storeys high, and
  • Have five or more people in more than one household and
  • Share amenities such as bathrooms, toilets and cooking facilities

If your property falls into any of these categories then it will have to be licensed by the local authority. If you are unsure please get in touch.
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Safety inspection

As defined under section 254 of the Housing Act 2004 a house in multiple occupation (HMO) is defined as a property that is occupied by at least three people, who form two or more households, who share one or more basic amenities such as a kitchen, toilet or bathroom.

Nationally, the general view is that HMOs contain some of the worst physical housing conditions and practices of housing management. It is also accepted that HMO's provide an affordable option for housing, which is in many circumstances is the only option for people on low incomes.
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Management and Housing Health and Safety Rating System (HHSRS) Inspections

These are scheduled inspections of HMO's to ensure that the properties comply with the housing legislation. When a HMO has been inspected it will be risk assessed to provide a date for the next scheduled inspection. The length of time between each scheduled inspection can vary in time, dependant on the risks (if any) in the property. This applies to all HMO's whether they are licensed or exempt, as all must still comply with Management of Houses in Multiple Occupation (England) Regulations 2006.

Lets and common areas should provide a safe and healthy environment for occupiers and their visitors. To achieve this, all HMOs should be designed, constructed and maintained to be free from unnecessary and avoidable hazards. It is not possible to eliminate all hazards, and reasonable allowances have to be made, especially in older properties. In general, it is the owner's responsibility to maintain the property and to carry out repairs.

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Downloads for landlords

pdf file - opens in a new windowAmenity Standards for Houses in Multiple Occupation (HMO) (PDF 33Kb)
These Standards apply the National Minimum Standard and where no national standard exists, the Kirklees standard has been applied.
pdf file - opens in a new windowHMO and licensing flowchart (PDF 43kb)
To help landlords decide if their property needs a license.
pdf file - opens in a new windowHouse in Multiple Occupation (HMO) and licensing fees (PDF 38kb)
Schedule of fees for landlords.
pdf file - opens in a new windowHouse in Multiple Occupation (HMO) Licence Application Guide (PDF 155kb)
Licence Application Guidance Notes
pdf file - opens in a new windowHouse in Multiple Occupation (HMO) Licence Application (PDF 347kb)
Application for a licence for a house in multiple occupation.
pdf file - opens in a new windowLicensing guide for landlords (PDF 110kb)
A guide for landlords.
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Contact Private Sector Housing Unit

How to contact us
Method Details
By email to private.sector@kirklees.gov.uk
By phone Huddersfield:
01484 221399 or 01484 221396 or 0800 3280075
In writing to Huddersfield:
Private Sector Housing Unit
Civic Centre 3
High Street
Huddersfield
HD1 2PR
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