Housing

Houses in Multiple Occupation - General Questions

This area contains the following information about Houses in Multiple Occupation General Questions:

What is an HMO?
Why do HMOs need to be Licensed?
Do all HMOs need to be Licensed?
Do I need Planning Permission?
How is Council Tax paid for HMOs?
Do the Building Regulations apply?

What is an HMO?

There are a number of ways to describe Houses in Multiple Occupation.

Under the changes in the Housing Act 2004, the following types of building are Houses or Flats in Multiple Occupation:

An entire house or flat which is let to three or more tenants who form two or more households, and who share a kitchen, bathroom or toilet
A house which has been converted into bedsits or other non self-contained accommodation, and which is let to three or more tenants who form two or more households, and who share kitchen, bathroom or toilet facilities
A converted house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom or toilet) and which is occupied by three or more tenants who form three or more households
A building which is converted entirely into self contained flats, but the conversion did not meet the standards of the 1991 Building Regulations, and more than one third of the flats are let on short term tenancies

To be an HMO, the property must be used as the tenants' only or main residence, and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence, and the same will apply to properties which are used as domestic refuges.

Why do HMOs need to be licensed?

Larger HMOs, such as bedsits and shared houses, often have poorer physical and management standards than other privately rented properties. The people who live in HMOs are amongst the most vulnerable and disadvantaged members of society. As HMOs are the only housing option for many people, the government recognises that it is vital that they are properly regulated.

Licensing is intended to make sure that:

landlords of HMOs are fit and proper people, or employ managers who are
each HMO is suitable for occupation by the number of people allowed under the licence
the standard of management of the HMO is adequate
high risk HMOs can be identified and targeted for improvement

Where landlords refuse to meet these criteria the Council can intervene and manage the property so that:

vulnerable tenants can be protected
HMOs are not overcrowded
Councils can identify and support landlords, especially with regeneration and tackling antisocial behaviour

Do all HMOs need to be licensed?

No. Under the new Housing Act 2004 there are three types of licensing:

Mandatory (required by law) licensing of HMOs (or any part of it) for properties that are:
- three or more storeys high, and
- occupied by five or more persons, and
- occupied by persons living in two or more single households
Additional licensing of HMOs
A discretionary power that Councils may decide to apply to a particular type of HMO, for example, two-storey properties occupied by three or more students or asylum seekers. Additional Licensing currently does not apply in Hastings and St Leonards. Therefore only HMOs which meet the mandatory licensing criteria are required to be licensed. If you are unsure whether your property needs to be licensed, please contact us, or alternatively you may wish to read our Which HMO's need to be Licensed in Hastings and St Leonards? information.
Selective licensing of other residential accommodation
Properties that are not subject to HMO licensing could be covered under a selective licensing scheme. This is where the Council may declare that certain areas, for example, where there is low demand for housing and/or antisocial behaviour, are appropriate for selective licensing.
This licensing would cover all forms of private rented housing, including HMOs. Hastings Borough Council does not currently operate Selective Licensing.

Please note that licensing only applies to HMOs where rents or other considerations are payable.

Do I need Planning Permission?

If you are purchasing a house to run as a House in Multiple Occupation, you may need Planning Permission from the Council's Development Control Services Section to operate it and carry out necessary works. The HMO Licensing legislation is entirely independent of development control requirements, and an HMO Licence, or acceptance of a licence application by the Housing Department should not be interpreted as any Planning Permission being granted.

If you are already operating an HMO, you may need to apply for a 'Certificate of Lawful Use'. Please contact our Development Control Services Section for more information.

As a landlord or person having control of a property, it is your responsibility to seek the relevant permission for any works or alterations you carry out to such property.

If you are unsure about whether you need to apply for Planning Permission, please contact our Development Control Services Section.

How is Council Tax paid for HMOs?

Under Council Tax regulations, the owner of a House in Multiple Occupation is liable to pay the Council Tax, rather than the person(s) in occupation. Any joint owners are jointly and severally liable under this provision.

If you are unsure whether your property has been defined as a House in Multiple Occupation for Council Tax purposes, please contact our Revenues Services Section on 0845 274 1081.

Do the Building Regulations apply?

If you intend to use a house or flat as an HMO, building regulations may apply.

Building regulations are entirely independent of the HMO licensing legislation and planning requirements.

As a landlord or person having control of a property, it is your responsibility to comply with the relevant legislation for any works, alterations, or change of use that you carry out to such property.

If you are unsure about whether building regulations apply, please contact Building Control.

This page last updated: 04/12/2009