Houses in Multiple Occupation

Houses in Multiple Occupation Management (England) Regulations 2006

A person managing an HMO is required to comply with these regulations. They set out the duties of the manager to:

• supply information to the occupier and to display it
• take safety measures - by keeping the means of escape  in case of fire clear from obstructions and by maintaining the means of escape including any provided equipment
• maintain water supply and drainage
• supply and maintain gas and electricity
• maintain common parts, fixtures fittings and appliances
• maintain living accommodation
• provide waste disposal facilities

In addition the regulations also set out the duties of the residents to co-operate with the manager, to take reasonable care and to follow instructions given by the manager.

Planning Permission

Sometimes planning permission is required for a House in Multiple Occupation. If you are considering converting a dwelling house into an HMO you should seek advice from the planning department whether permission is required. The HMO management regulations and the licencing provisions apply whether you need planning permission in your particular case.

Penalties

It is an offence if the landlord or person in control of the property:

• fails to apply for a licence for a licensable property
• allows a property to be occupied by more people than is permitted under the licence.
• fails to comply with a condition on the licence

Conviction of a landlord for any of these offences could result in an unlimited fine. Furthermore, under certain circumstances, a tenant living in an HMO that should have been licensed may be able to apply for a Rent Repayment Order, to recover the rent they paid during the unlicensed period (up to a maximum of 12 months).  Local authorities are also able to claim back housing benefit payments made in relation to unlicensed HMOs.