Houses in Multiple Occupation

Houses in Multiple Occupation

Houses in Multiple Occupation (HMOs) are governed by a combination of Environmental Health and Planning legislation. This can at times lead to confusion over what is and is not required.

Environmental Health Legislation

Under the provisions of the Housing Act 2004, an HMO licence is required when a property is rented out to five or more people who, together, form more than one household where some or all tenants share some facilities such as a toilet, bathroom or kitchen. The requirement to be licensed does not apply where a property is for fewer than five people.

When an HMO licence is required, the Council is permitted to consult only with those people who have a relevant legal or financial interest (e.g. via a charge on the property). The legislation specifically creates this very limited form of consultation and does not allow for representations from other parties and there are no powers to allow the Council to take these into consideration.

The legislation is also prescriptive and sets very strict criteria about what the Council can impose as a condition on any HMO licence. Mainly these relate to ensuring that the HMO meets current housing (i.e. Housing Health and Safety Rating System (HHSRS)), HMO and management standards. There are also conditions that apply to the prevention of anti-social behaviour and waste removal.

Notwithstanding all of the above, the legislation obliges the Council to issue an HMO licence (firstly in draft and then in final version) if the application meets all of the following pre-conditions:

1. The applicant has made an application (in the correct format) with the relevant fee and all necessary current supporting documents; and
2. The property meets all housing, HMO and management standards; and
3. The proposed HMO licence holder and the manager are ‘fit and proper persons’ (as defined in the 2004 Act); and
4. There are no valid representations from persons with a legal or financial interest in the property to the HMO licence.

The role of the Council is to administer this regulatory process, which has been prescribed by law.

Planning Legislation

The planning legislative regime operates entirely separately to the provisions of the Housing Act 2004. In planning terms, permission is required when a property is occupied by more than six people who form more than one household, and where some or all tenants share some facilities such as a toilet, bathroom or kitchen.

However, planning permission is not required when the property is occupied by six people or fewer. This is known as a ‘small’ HMO in planning terms (General Permitted Development Order). It is Permitted Development to change the use of a residential dwelling (Use Class C3) to a ‘small HMO’ (Use Class C4), and vice versa.

Please see the  Register of Licensed HMO's [pdf] 73KB

Please see  TEN Register [pdf] 61KB

For any enquiries or advice please call 01268 882200 and ask for Environmental Health and/or e-mail your query to eh@castlepoint.gov.uk