Housing >> Houses in Multiple Occupation

Houses in Multiple Occupation: About the Licence

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What is in a Licence?

The Licence will specify the maximum number of people who may live in the HMO and apply the following conditions.

All Licences apply the following conditions:

• The Landlord (and the manager) shall annually produce a gas safety certificate for the Local Authorities inspection, if there is gas provided to the house.
• The Landlord (and the manager) shall keep electrical appliances and furniture (provided by licence holder) in a safe condition and to supply upon demand to the Local Authority a declaration stating the safety of such appliances and furniture.
• The Landlord (and the manager) shall supply to the occupiers of the house a written statement of the terms on which they occupy it (ie a tenancy agreement)
• The Landlord (and the manager) shall ensure that smoke alarms are installed in the house and to keep them in proper working order and to supply on demand, by the Local Authority, a declaration as to the condition and positioning of these alarms

We may also apply any of these discretionary conditions, based on the information you give in your application form:

• Restrictions or prohibitions on use of parts of the HMO by occupants
• Conditions requiring facilities and equipment to be made available in the house for the purpose of meeting the prescribed standards
• Conditions requiring the Licence holder or the manager of the house to attend an approved training course
• Requirements for the property and its contents, including furniture, facilities and amenities to be maintained in good working order
• A requirement for specified works or repairs to be carried out within a specified time frame
• Conditions requiring the manager and/or landlord to take reasonable and practical steps to prevent or reduce anti-social behaviour by persons occupying or visiting the house

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How long does it last?

A Licence will normally last for a maximum of five years, although we can grant a Licence for a shorter period.

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Can the Council refuse to Licence my property?

Yes, if the property does not meet the required conditions or the landlord or manager is not a fit and proper person.

If a landlord fails to bring an HMO up to the required standard, or fails to meet the fit and proper person criteria, we will issue an Interim Management Order (IMO), which allows it to step in and manage the property.  The owner keeps their rights as an owner.  This order can last for a year until suitable permanent management arrangements can be made.  If the IMO expires and there has been no improvement, then we can issue a Final Management Order.  This can last up to five years and can be renewed.

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What are the penalties for breaking the conditions of the Licence?

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

• fails to apply for a Licence for a licensable property or
• allows a property to be occupied by more people than are permitted under the Licence

Fine

A fine of up to £20,000 may be imposed.  In addition, breaking any of the Licence conditions can result in fines of up to £5,000.

Rent repayment orders

A tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months).

Councils can also reclaim any housing benefit that has been paid during the time the property was without a licence.

Restrictions on termination of tenancies

Tenants living in a property that should have been licensed, but was not, cannot be evicted by serving a section 21, Housing Act 1988 Notice, until such time as the HMO is licensed or a Management Order is in place.

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Can I appeal against the Council's decision?

You may appeal if we decide to:

• refuse a Licence
• grant a Licence with conditions
• revoke a Licence
• vary a Licence
• refuse to vary a Licence

You must apply to the Residential Property Tribunal Service, normally within 28 days.

Write to:
The Residential Property Tribunal Service
First Floor 1 Market Avenue
Chichester
West Sussex
PO19 1JU
Telephone: 0845 100 2617 or 01243 779392
Fax: 01243 779389
e-Mail: southern.rap@odpm.gsi.gov.uk

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How do I apply for a Licence?

Download and complete the Application Form or contact us for a hard copy of the form.

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