What is a HIMO?
A multi-occupancy property is often referred to as being an HMO or HIMO (House in Multiple Occupation).
'House in Multiple Occupation' is now defined in Part 7 Housing Act 2004. The definition is complex, and HMO's are defined according to the following:-
Standard Test - generally for shared houses with communal facilities
Self Contained Flat Test - for shared flats with communal facilities
Converted Building Test - for buildings containing living accommodation which is not entirely self contained flats, either a mix of self contained flats and other units sharing facilities, or flats, at least one of which have some facility outside the entrance to the flat, even if for exclusive use.
Converted Blocks of Flats - for buildings which are converted into entirely self contained flats, and the conversion work does not meet the standards under Building Regulations 1991 and less than two thirds of the flats are owner-occupied.
All HMO's must contain 2 or more households. A household can be a family, a couple (including same sex couples) or a single person. People who are unrelated will generally be treated as separate households.
Properties occupied by only 2 people living in 2 households are exempted from the definition. Therefore an HMO must contain 3 or more occupants, including children or babies. There are a range of other exemptions, including properties occupied by a resident landlord, his family and not more than 2 unrelated persons. The exemptions are contained in Schedule 14 Housing Act 2004 and Schedule 1 of the Licensing & Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England) Regulations 2006.
HMO Categories
The main ‘categories’ of HMO include:
- bedsits
- shared houses and flats
- lodgings
- hostels and some bed-and-breakfast accommodation
- residential staff accommodation and halls of residence
- conversions of houses into self-contained flats
Owners wishing to create a HIMO must check if they have the necessary planning permission.
If you believe a property is being converted to a HIMO you may report it to the Building Control section. In addition if you are concerned about the health & safety of occupants during the conversion process, you can request an inspection from Building Control using our webform, making sure you include any relevant information.
Buildings containing purpose-built flats (each containing only single households) are not HMO's. However, they are subject to the Regulatory Reform Order for fire precautions (see below). For more information go to the Building Control section of this site.
Houses and flats occupied by students are eligible to join the Council's Student House Accreditation Scheme.
HMO Licensing
HMO Licensing commenced on 6th April 2006. Certain 'higher risk' HMO's are required to be licensed by the Council and failure to obtain a licence could lead to a fine of up to £20,000. Licensing has been introduced for 2 main reasons. Firstly, it is acknowledged that there is a significant risk of fire in HMOs compared to houses occupied by single families. Secondly, the standard of management in some HMO's has been found to be seriously deficient, such as to present a risk to the occupants and in some cases, anti-social behaviour to other residents and the neighbourhood.
Which HMO's need Licensing?
HMO's with 3 or more storeys and 5 or more occupants (and containing at least 2 households) will require a mandatory licence to operate, except for those converted to entirely self contained flats. Basements and attics assessed by a staircase will count as storeys. Many HMO's contain basements (or attics) which have not been converted to habitable accommodation. These will normally be counted for the purposes of calculating the number of storeys, even if for example the basement is only used for storage or where gas or electric meters, or water stop taps are located there. Mezzanine floors will also generally be counted as storeys unless they are used solely for a means of access between 2 adjoining floors. If you are uncertain if your HMO needs licensing, or even if it is an HMO at all, please contact Private Sector Housing for advice.
Has my Landlord applied for a Licence?
You can refer to the HMOlicenceapplicationsOct08.pdf register to check whether a property has been the subject of an HMO Licence Application and whether it has been licensed. If you think that an HMO needs licensing but does not appear on the application list, we would like to hear from you. Landlords of licencable HMO's who fail to apply are in breach of Housing Act 2004 and are liable to a fine of up to £20,000. Any information you give us will be in the strictest confidence.
What are the Criteria for Licensing?
To qualify for a licence the property must be reasonably suitable for the number of occupants, have adequate facilities and fire precautions. Management arrangements must be satisfactory and the licence holder and manager must be a 'fit and proper' person.
How do I apply?
Landlords are responsible for submitting a licence application to the Council, and failure to do so, whilst operating a licensable HMO is an offence. Landlords who have not already done so are advised to contact the Private Sector Housing team (previously part of Environmental Health) to notify the fact that they operate a licensable HMO. Licence application packs are available on request by contacting Private Sector Housing. Alternatively, all of the application forms and accompanying information can be downloaded and printed from the list below. Where possible, these documents can be made available in other formats, including large print, cassette tape, CD and other languages. For more information, telephone (01926) 456338.
How much will it cost?
Licence fees will be based upon the number of persons accommodated in the HMO. HMO's already accredited under the Council's Student House Accreditation Scheme will receive a 40% discount on the licence fee. Refer to the HMO Licensing Fees Sheet (19kb, PDF) for full details.
Will I receive an Inspection?
Applications for licences will result in an inspection for 2 reasons. Firstly, to verify information contained within the application, and secondly, to carry out a health and safety rating inspection to identify whether there are any hazards requiring action under Part 1 Housing Act 2004.
The timing of inspections will depend on the number of applications which are received and the perceived compliance with the relevant standards of management, safety and amenity provision. Those thought to contain more serious deficiencies will be prioritised for inspection. Landlords will normally be contacted to arrange mutually convenient times for licensing inspections, although it is possible that some unannounced visits will be made.
How will my application be determined?
Licences must either be granted, with conditions, or refused. If granted they will normally run for up to 5 years. Draft licences are issued, giving applicants the opportunity to make representations. The licence may then be amended and then a final version will be issued. If a licence is refused, the Council will make an Interim Management Order which gives authority to take over the management of the HIMO.
What conditions will be attached to my licence?
Licences will be issued with up to 3 schedules. Schedule 1 (59kb, PDF) will contain general conditions applicable to all licensable HMO's. Schedules 2 and 3 will specify any works identified from an inspection together with a timescale.
What if I don't want to continue operating a licensable HMO?
Landlords wishing to cease operating a licensable HIMO can apply for a Temporary Exemption Notice (TEN) if they take the appropriate steps to ensure the property will shortly cease to require a licence. A written notification or E Mail will be required giving proposals for the property. If granted, a TEN will be in force for 3 months. This can be renewed for a further 3 months, if there is a good case. Once this expires, the HMO must be licensed or the Council must issue an Interim Management Order should it remain licensable.
Will non-licensable HMO's be inspected?
The Council undertakes both proactive and reactive inspections of HMO's. Statutory notices are often served to require properties to be brought up to standard. All inspections are based on risk assessment, which is used to calculate the frequency of future inspections.All HMO's are subject to Management Regulations which require them to be maintained in reasonable condition.
The Council prefers to work with landlords (and tenants) regarding any works which may be required and giving advice on management standards. However, in some cases it is necessary to use enforcement powers where landlords are uncooperative or unresponsive.
Inspections are normally carried out by an Environmental Health Officer/ Technical Officer. For initial inspections,a member of the Building Control team may be present. Inspections are based upon:-
- Means of Escape and other Fire Precautions
- Facilities for the Preparation and Cooking of Food
- Toilets, Baths, Showers and Wash Hand Basins
- Space Standards
- Management Standards
- Health and Safety Rating System (HHSRS) - see below.
How do I determine what fire precautions are required?
In the absence of clear government guidance on standards, many local authorities have agreed standards with Fire Authorities at both local and regional level. 'Homestamp' is a document which has been formally adopted in the West Midlands area and is an example of a Good Practice Guide. Although Warwick District Council and Warwickshire Fire Authority are not signed up to 'Homestamp - external website (1.8MB, PDF)', it is regarded as a useful reference document and gives examples of fire precautions that may be appropriate depending on typical floor layouts. It is only guidance and is not necessarily a representation of what fire precautions are deemed necessary in this district. Work is in progress to set standards in this area which will be published in due course. Please also refer to the Regulatory Reform (Fire Safety) Order 2006 below.
Additional Licensing
Local authorities have powers to apply for Additional Licensing where they believe that it is necessary to regulate HMO's which are not subject to Mandatory Licensing. This may, for example, be applied for properties which contain a large number of occupants although contain only 2 storeys. Warwick District Council does not at this time intend to apply Additional Licensing.
Regulatory Reform (Fire Safety) Order 2006
This very important legislation came into force in October 2006. Basically, it requires all 'responsible' persons, i.e. landlords and managers, to undertake a fire risk assessment of HMO's, purpose built and converted flats (and virtually all non-domestic premises). In short, a fire risk assessment must consider all means of minimising the risk of fire, take any steps required (including the provision of appropriate fire precautions), and consider how persons can escape safely. Landlords will have to consider escape plans, fire notices and routine maintenance of fire precautions. They will need to keep records and may be asked to produce them to demonststate that they are complying with the Order.
This legislation applies to the common parts of HMO's and buildings containing flats, and is enforced by the Fire Service. The Council liaise with the Fire Service and enforce fire precautions in single dwellings and HMO's under Part 1 (HHSRS -see below) and Part 2 Housing Act 2004.
Housing Health and Safety Rating System (HHSRS)
A new method of assessing standards in all dwellings including HMO's was introduced in Housing Act 2004. It took effect from 6th April 2006.This system is a risk assessment of all the main hazards one may expect in a dwelling and replaces the fitness standard for human habitation. The Council will have powers and duties to take action depending upon the risks identified during an inspection.
Smoke Free Legislation
The Health Act 2006 came into force on 1st July 2007 and has received widescale publicity. Less attention has been given to it's application in respect of residential property. Smoke free legislation applies to the common parts of houses in multiple occupation and buildings containing flats if the common parts are open to the public or used as a place of work by more than one person.
Common parts includes entrance lobbies, stairwells, lifts,corridors plus shared kitchens, living rooms and bathrooms where they are shared by more than one household.
In practice, the only HMO's affected are likely to be hostels and halls of residence or those where there are more than one cleaner employed. Irregular and ad-hoc work (e.g. parcel delivery, electrician) is excluded although 2 or more part time regular cleaners would trigger the legislation.
The Act requires the prohibition of smoking by employees and residents in the common parts and appropriate signage to be displayed in those common parts. Further information is available on request.
Links
For more information contact Private Sector Housing :-
By E-mail: ehhousing@warwickdc.gov.uk
By Telephone: (01926) 456733 Return to Private Housing Home Page
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