Houses in multiple occupation – new rules from October 2018
The regulations governing houses in multiple occupation (HMOs) are changing on 1 October 2018. They will now extend to smaller properties, affecting more landlords. The rules on exactly what constitutes an HMO are complex and failure to comply is an offence, so landlords must get specialist legal advice to make sure they stay within the law. Louis Mathers, Director of Conveyancing and Commercial Property at Parnalls Solicitors explains.
‘HMOs are regulated to make sure that tenants are safe’ says Louis. ‘Up to now the rules have applied only to buildings with three or more storeys but from 1 October single storey buildings could be HMOs if they meet the other requirements.’
HMO landlords must comply with rules on good management and many HMOs will require a licence from the local authority, so it is crucial that landlords understand how the rules affect their properties.
What is an HMO?
At its most simple, an HMO is a house or flat which is shared. To qualify, a building (or part of a building) must be occupied by more than one household who share a bathroom, toilet or cooking facilities. The households must occupy the building as their only or main residence and pay rent.
The rules can apply to parts of a building and to self-contained flats within a building, as long as the requirements for households sharing are met. Purpose-built blocks of flats will not be HMOs, although an individual shared flat in the block might be. There are special rules for converted blocks of flats and self-contained flats within buildings, so it is crucial to discuss your specific situation with a solicitor.
The regulations define what counts as a single household. This includes a single person and various sorts of family relationships, plus some other arrangements, such as people with live-in carers and some domestic employment relationships. For example, three unrelated individuals sharing will count as three households; a family and an unrelated individual will count as two.
Some buildings that would otherwise be HMOs are exempt. The exemptions most likely to apply to private landlords are:
- buildings occupied by no more than two individuals who form two households; and
- buildings where the landlord is a resident and shares with no more than two others.
The resident landlord exemption highlights a potential trap for parents considering buying a house to accommodate a child at university. If there are more than two other students sharing and contributing rent, the house is likely to be an HMO.
Management of HMOs
Not all HMOs need to be licensed but all are subject to rules about management. These include maintaining satisfactory fire safety arrangements and keeping both common areas and the occupiers’ living accommodation in good repair.
Licensing of HMOs
HMOs occupied by five or more people, who form at least two households, are subject to mandatory licensing by the relevant local authority, with the exception of some converted blocks of flats which are subject to separate rules. If in doubt, check with your solicitor.
The regulations also provide for additional licensing by local authorities, who may be entitled to require all HMOs in specific areas to be licensed. This power may be exercised where a number of HMOs in an area are being poorly managed and causing problems to other residents.
To obtain a licence the owner must show satisfactory management arrangements. When a licence is granted, it will state a maximum number of occupants and may be subject to a requirement to carry out specific improvements. A licence will be granted for a maximum of five years.
A landlord who has let parts of an HMO on an assured shorthold tenancy will not be able to use the ‘no default’ possession process under section 21 of the Housing Act 2004 if the HMO is not licensed when it should be. Private landlords rely heavily on section 21, so this is a significant practical deterrent.
Failing to comply with the regulations on HMOs is a criminal offence and can result in a fine or prosecution. The complexity of the rules means that landlords of buildings that could be HMOs need expert legal advice. More buildings will be affected from October 2018 and timely advice could avoid serious legal consequences.
For further information, please contact Louis Mathers on 01566 772375 or email email@example.com
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
Valuing an estate for probate
Do I need a cohabitation agreement?
Have you had an accident involving a horse?
Planning, Construction & Development
Preparing to sell your Launceston property
The Need for Updating Wills
Debt recovery and how we can help
Claiming compensation for a serious road traffic accident
Residential Sale and Purchases
Information to gather for your probate solicitor
Accidents, Compensation & Personal Injury
What type of will do I need?
Had an Accident in Someone's Home?
Ten common debt recovery mistakes
How to choose an executor to administer your estate when you die
The ultimate personal injury and accident claim checklist
Putting your legal affairs in order
Your responsibilities when you have people working in your home
10 reasons to appoint a Personal Injury solicitor
The risks of DIY probate
Does your lawyer progress your accident claim efficiently and provide you with a personal and professional service? Can I change solicitors for my accident claim?
Why you should always use a solicitor to prepare your will
Five problems with a leasehold property
Making a will when you retire
Buying your first home with a small deposit
Site assembly for commercial development
Meeting your conveyancing solicitor, what you need to prepare
Landlords’ options for enforcing commercial tenants’ obligations
Untangling Overseas Assets
KATHERINE FLASHMAN KITSON CELEBRATING 25 YEARS AS A DIRECTOR OF PARNALLS
Do you know the difference between…
When to consider appointing a professional attorney
Should I get a cohabitation agreement?
The Right to Make Noise
Ill-health pension transfer not liable for IHT
Legal Time Limits - why so important?
Would you pay a premium for a south-facing garden?
Video-witnessed wills to be made legal
New Planning Relaxation Is Not the Whole Storey
How to minimise delays in obtaining Grant of Probate
Could you benefit from the Green Homes Grant?
A SHOCK TO THE SYSTEM: new electrical safety regulations for residential tenancies
Property of Cornish residents who die without a will goes to Prince Charles
What effect could the new changes to stamp duty have on property sales?
Staying safer in video meetings
Making Sure Your Great New Home Comes With Clean Air
Property Market Re-Opens in England
Coronavirus: Wills and Powers of Attorney FAQ
Medical Care Received Not Up to Scratch?
Accident or Injury Involving a Dog?
Social Distancing No Obstacle for Parnall's Mobile Document Signing Team
Coronavirus (COVID-19) and Commercial Property Legal FAQs
Rent Charge Suspensions: Protecting Your Interests
Been Asked to Sign an Employment Settlement Agreement? Seek Advice Urgently...
Services Update: Continuity of Legal Service Provision
Advising You in Uncertain Times
Could carelessness on social media land you in court?
Is an electronic signature on a commercial property document acceptable?
What happens when there is no health & care LPA in place
Social Media Training for Businesses
Gazundering, what it is and how to avoid it
Relief from forfeiture – what happens if the tenant forgets to pay the rent?
Not so safe at work - compensation for an accident at work
New organ donation law: giving you control
Running a business from home
Have nude photos of you or your teenager been posted online?
Landowners’ rights and the Electronic Communications Code
Building in your back garden
Christmas is a time for giving (and inheritance planning)
Buying the freehold of your leasehold house
Redeveloping an empty pub for commercial use
Why it takes time to obtain the Grant of Probate
Social Media: The unconscious privacy threat
Is your reputation being threatened?
Making a will after your spouse or partner has died
Interns celebrate completion of internship at solicitors
Selling your home in a flat market, some top tips
New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow
Has your personal information been shared without your permission?
Planning your escape to the country, what you need to consider – part 2
Government consultation on new national model for shared ownership
Choosing a partnership structure
Planning for what happens when you die by Deborah Adams
Changes to legislation could offer protection for tenants in the private rental sector
Move to the country - Part One
Will your septic tank still be legal in January?
The death knell for ‘kiss and tell’?
Selling your property at auction
Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures
New threshold of seriousness in defamation proceedings
Legal considerations when building a granny annex
Choosing the right person for your power of attorney
Formal Interviews - Do you need legal representation?
Privacy rights and aerial images
Trustees’ duty to give information to beneficiaries
Taking your first commercial lease
Is your organisation protected from employee social media legal risk?
Have you been targeted by negative social media posts?
Farmers be alert when being inspected
Help for House Sellers?
Don’t let your digital assets end up in a digital grave
Development proposals and your local authority search
What can you do if your child is injured in a serious accident
NetRights welcomes new protection for social media users
SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?
Supreme Court recognises that social media is a “casual medium” in libel battle
Choosing the best conveyancer who is right for you
Making a will after a second or subsequent marriage
Option or promotion agreement – which is best for landowners?
Anonymous pub and restaurant online reviews leave a bad taste
Help to Buy – beware of some cracks in the structure
Understanding Lasting Powers of Attorney
Changes to Energy Performance Certificate for Landlords
Had a cycling accident? Your route to obtaining compensation
New year, new home: tips to sell your home in the New Year
Tax Planning for your inheritance
Hearing loss: when your employer may be liable
Buying a home for your retirement, five things you need to consider
Farmers plan to diversify after Brexit
Ministers press ahead with probate fee shake-up - reports BBC News
Botched dental treatment? You may be entitled to compensation
Why a Health and Welfare Power of Attorney is a good idea
Will the new charge on building developments in Cornwall affect you?
Energy Performance Certificates – Do They Matter?
HMRC Challenging Stamp Duty Land Tax Payments
Ben Mitchell qualifies as a solicitor
The potential implications of Brexit on employment law
Appointing a guardian for your children
Houses in multiple occupation – new rules from October 2018
New Agriculture Bill published
Will Brexit affect my pension?
Dreaming of a holiday home? Sort out the legals before putting your feet up
Lasting Power of Attorney by Deborah Adams
Settled status after Brexit by Alexis Hager
How overage agreements can boost profits from your land
Top tips for first-time buyers
How Could Brexit Affect My Farm?
Wills & Succession in Spain by Deborah Adams
Brexit – an international and local view by Alexis Hager, Litigation
Capital gains tax - important facts for non-residents of the UK
Buying a home: the importance of making sure the seller is entitled to sell
Changing a will after someone has died: it is possible and it could save you money
Sad passing of Battle of Britain pilot who served with Parnall family member
Considerations when buying a heritage property
Disciplinary proceedings at work: guide for employers
Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.