Some houses or flats that are occupied by more than one household are classed as houses in multiple occupation (or HMOs). Landlords of this type of property have extra legal responsibilities.
Do I live in an HMO?
You may be living in an HMO if you live in a house or flat that is occupied by more than one household. This could include:
- a house split into separate bedsits
- a house or flat-
share, where people have separate tenancy agreements - a hostel
- a bed-and-breakfast hotel that is not just for holidays
- students living in shared accommodation (although many halls of residence and other types of student accommodation that are owned by educational establishments are not classed as HMOs).
It is not always easy to work out whether you live in an HMO or not. If you're not sure, contact an advice centre in your area.
What extra responsibilities does the landlord of an HMO have?
The landlord's most important responsibilities are to ensure that:
- proper fire safety measures are in place
- the property is not overcrowded
- there are adequate cooking and washing facilities
- communal areas and shared facilities are clean and in good repair
- there are enough rubbish bins.
These rules exist to ensure that people living in HMOs have access to decent facilities and to reduce the risk of fire. If you are experiencing problems contact the environmental health department of your local council and they may assess your property under The Housing Health Safety Rating System. This aims to ensure that your home doesn't have any serious hazards, and allows a council to take action against landlords whose properties are dangerous.
Does my landlord need a license?
Your landlord must register their HMO with the council if it is at least three storeys high and contains five or more people. The council will decide if a property meets an acceptable standard and then issue then register the property as a licensed HMO.
The council will consider:
- if the property is large enough for the occupants
- if the property is well managed.
A landlord can be prosecuted if their HMO falls within this definition but is not registered with the council. Tenants may also be able to apply to the Residential Property Tribunal Service for a rent repayment order.
In some circumstances a council can chose to introduce a licensing scheme for individual smaller HMOs or for a specific area where they want to make improvements. Contact your local council for further information.
What can I do if my landlord doesn't comply?
If you live in an HMO and you think your landlord is not fulfilling her/his responsibilities, contact your local council. Ask to be put through to the environmental health department - they are normally responsible for dealing with complaints about HMOs.
The council can prosecute landlords of HMOs (or any manager they have employed) if they break the law. In extreme cases, the council can take over the management of the property.
