HMO Licensing

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HMO Licensing

• A Guide for Landlords
• Paul Mishkin MCIEH
• Environmental Health Officer

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• Introduction - Housing Act 2004
• HMO Licensing - why now?
• What HMOs will need a Licence?
• How do I apply for a Licence?
• Will the Council inspect before issuing a
  Licence?
• What conditions will the Council impose?
• What do I do next?
• Further information

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Introduction - Housing Act 2004

• Part 2 of the Housing Act 2004 relates to HMO
  Licensing.
• Due to come into force 6th April 2006, although
  the enforcement provisions will be implemented
  later on 3rd July 2006.
• Housing Act 2004 also brings in the new HHSRS,
  selective licensing, EDMOs
• Part of Govt. drive to reform PRS and modernise
  the approach taken both by Councils and Landlords.

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HMO Licensing - why now?

• EHOs and others have been campaigning for HMO
  Licensing for years.
• Labour manifesto commitment since 1997.
• PRS is improving, Landlords becoming more
  professional, stock condition improving.
• However a minority of rogue Landlords still
  remain, and many in control of high risk HMOs
  hence the introduction of mandatory Licensing
  with defined parameters.

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What HMOs will need a Licence?

• Mandatory HMO Licensing relates to specific high
  risk HMOs
• There will also be additional Licensing for other
  HMOs where the Council feels it is relevant and
  gets permission from Govt. to run such a scheme.
• Mandatory Licensable HMO is an HMO
• 3 storeys (inc. occupied basements, attics,
  commercial storeys e.g. GF restaurant will be
  counted as a storey)
• 5 occupants consisting of 2 households
• Amenities (bathroom/wc/kitchen) being shared, or
  completely lacking - HMOs in self contained flats
  will therefore NOT require a Licence.

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How do I apply for a Licence?

• You should approach the Council and request an
  HMO Licence application pack
• Complete all relevant details and be aware that
  you will be required to sign a legal declaration
  stating that you are a fit and proper person
• The application form will also require specific
  details about the property and the management of
  the property, seek advice from the Council if you
  need help completing it.

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Will the Council inspect before issuing a Licence?

• Councils will be under a duty not only to ensure
  that all Licensable HMOs are Licensed but that
  the Licensing scheme operates well
• They will also be required to ensure that no
  Category 1 hazards under HHSRS are present within
  a Licensable HMO within 5 years of the date of
  HMO Licence application.
• This means that the Council will definitely
  inspect however exactly when they programme this
  inspection will depend on any previous
  involvement with the property (inc. any risk
  assessments) as well as other factors. As a
  general rule HMOs with no previous Council
  involvement will have an inspection at point of
  application.

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What conditions will the Council impose?

• A Licence will have various conditions attached
  to it, some are mandatory conditions whereas
  others will be locally agreed discretionary
  conditions.
• Mandatory conditions include production of a gas
  safety cert., elec. test certs. (PAT tests), to
  keep furniture in a safe condition (i.e.
  compliant with fire regs.), to have appropriately
  located operational smoke alarms and to provide
  occupants with a written statement of terms (i.e.
  tenancy agreement).
• Discretionary conditions may include requirements
  to provide certain amenities to keep the property
  up to minimum standards, as well as reducing ASB
  and prohibiting use of parts of the property.

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What do I do next?

• Approach the Council to find out local
  arrangements such as Licence fees and whether any
  additional Licensing schemes are being
  introduced
• Approach LLAS - if you become accredited you may
  get a discount for the Licence fee and will help
  you prove that you are a fit and proper person
• Stay up to date with developments and best
  practice

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Further information

• www.propertylicence.gov.uk
• Council Env. Health dept.
• Landlords organisations
• London Landlords Accreditation Scheme -
• www.londonlandlords.org.uk/accreditation/home