Housing >> Houses in Multiple Occupation

Houses in Multiple Occupation: Key Terms and Fees

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What counts as a storey when calculating three storeys or more?

Any storey that is used as an integral part of the HMO will be counted, though in some circumstances, the attic and/or basement may or may not be included when counting the number of storeys.  In addition where a storey comprises business use this may also be counted.

A basement will be counted if:

• it is used wholly or partly as living accommodation;
• it has been constructed, converted or adapted for use wholly or partly as living accommodation;
• it is being used in connection with, and as an integral part of, the HMO; or
• it is the only or principal entry into the HMO from the street.

An attic will be counted if:

• it is used wholly or partly as living accommodation;
• it has been constructed, converted or adapted for use wholly or partly as living accommodation, or
• it is being used in connection with, and as an integral part of, the HMO;

A storey utilised for business use will be counted where:

• the living accommodation is situated in a part of a building above business premises, each storey comprising the business premises;
• the living accommodation is situated in a part of a building below business premises, each storey comprising the business premises;

Other circumstances where a storey will be counted are:

• any mezzanine floor not used solely as a means of access between two adjoining floors if it is used wholly or mainly as living accommodation, or it is being used in connection with, and as an integral part of the HMO
• any other storey that is used wholly or partly as living accommodation or in connection with, and as an integral part of, the HMO

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What counts as a Single Household?

A house, or flat within a house, will be regarded as an HMO if it is occupied by 3 or more people who form 2 or more households, and who share amenities such as a kitchen, bathroom or toilet.

For the purposes of the Housing Act 2004, the following will be regarded as a single household:
Persons who are all members of the same family, such as:

• spouses
• cohabitees who live together as husband and wife
• same sex couples who are in an equivalent relationship
• parents
• grandparents
• children
• grandchildren
• brothers
• sisters
• uncles
• aunts
• nephews
• nieces
• cousins

Half blood relationships will be treated as full blood relationships, and stepchildren are treated as children.

Foster children placed under the Fostering Services Regulations 2006 will be treated as children.

Other persons regarded as forming a Single Household

A person who provides a domestic service, and who lives with the family for whom they work, will be regarded is being part of that family, as long as they do not pay a separate rent or consideration for their living accommodation.  Recognised domestic services are:

• Au pair
• Nanny
• Nurse
• Carer
• Governess
• Servant, including maid, butler, cook or cleaner
• Chauffeur
• Gardener
• Secretary
• Personal Assistant
• Carers approved under the Adult Placement Schemes (England) or (Wales) Regulations 2004, provided the carer is providing care in the accommodation for not more than three service users

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What is a 'Fit and Proper Person'?

We will carry out checks and will ask for supporting documentation to make sure that the person applying for the licence is a Fit and Proper Person.

In deciding whether someone is Fit and Proper the Council must take into account:

• any previous convictions relating to violence, sexual offences, drugs and fraud
• whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
• whether the person has been found guilty of unlawful discrimination
• whether the person has previously managed HMOs that have broken any approved code of practice

You will be required to submit with your application a document disclosing any unspent convictions.

How to obtain a Disclosure Document

You can apply online at www.disclosurescotland.co.uk or telephone 0870 609 6006.

The fee for this service is currently £20.  In order to make an online application for a Basic Disclosure, your current address must be in the United Kingdom and you must have been resident at this address for more than 12 months.

You can also contact your local Police Station and request a 'Subject Access Form A221a' (Access to Information under the Data Protection Act 1998).  In Hastings you can download an application form from Sussex Police website.
The fee for this service is currently £10.00.

It is advisable for the landlord or manager to be a member of a professionally recognised body, or an approved landlords association that is affiliated to the National Federation of Residential Landlords.  However, such membership does not preclude requirement for the landlord to become accredited with the Hastings Accredited Lettings Scheme as a condition of the licence.

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How much does a Licence cost?

Landlords will have to pay a fee to cover the administration costs of the licence procedure.  We work with other local authorities to produce a consistent approach to setting licence fees.

This fee guide gives an indication of fees for licensing each of the three categories of HMOs.  Once your application has been submitted, your licence fee will be calculated and you will be sent an invoice.

Category 1 HMO

Shared house

3 persons:

£801

4 persons:

£814

5 persons:

£827

6 persons:

£840

7 persons:

£854

8 persons:

£867

9 persons:

£880

Category 2 HMO

Bedsits

2 units:

£933

3 units:

£986

4 units:

£1,039

5 units:

£1,091

6 units:

£1,144

Category 3 HMO

Hostels

3 occupants:

£801

4 occupants:

£814

5 to 10 occupants:

£827

11 to 20 occupants:

£1,091

21 to 40 occupants:

£1,356

41 to 60 occupants:

£1,620

61 to 80 occupants:

£1,884

81+ occupants:

£2,148

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What documents do I need to support my application?

• A completed, signed Application Form
• A CORGI gas safety certificate for all gas installations, appliances and flues.
• A current NICEIC or ECA periodic electrical inspection report carried out in the last ten years for the electrical installation in the property.
• Recent Portable Electrical Equipment (PAT) Test Reports (if you provide appliances to tenants)
• British Standard BS5839 test reports relating to the Automatic Fire Detection System (if applicable)
• British Standard BS5266 test reports relating to the Emergency Lighting installation (if applicable)
• Copy of standard tenancy agreement (if applicable)
• Disclosure document relating to unspent criminal convictions - for details on how to do this, you may wish to read our What is a Fit and Proper Person? information.
• Floor plans of the property, preferably to scale, identifying the use of each room, the locations of bathrooms, toilets and kitchens, and approximate size of each room, and the location of heat/smoke detectors, break glass call points, control panel and emergency lighting points
• A written furniture safety declaration, declaring that all furniture supplied by you for the tenants is compliant with the current safety requirements of any enactment.

If you require advice about obtaining any of these documents, please contact us.

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Appeals Process

You may appeal if the Council:

• refuses a licence
• grants a licence with conditions
• revokes a licence
• varies a licence
• refuses to vary a licence

Appeals should be made 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
Appeals must be made within the period of 28 days from the date on which the decision was made.

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Temporary Exemptions

If a landlord or person in control of a property intends to stop operating it as an HMO or reduces the numbers of occupants and can give clear evidence of this, they can apply for a Temporary Exemption Notice.

This lasts for a maximum of three months and ensures that a property in the process of being converted from an HMO does not need to be licensed.

If the situation is not resolved, then a second Temporary Exemption Notice can be issued.  When this Notice runs out the property must be licensed, become subject to an Interim Management Order, or cease to be an HMO.

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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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