Houses in Multiple Occupancy

A house in multiple occupation (HMO) can be defined as a house that is occupied by three or more persons who do not form a single household.

There are various case laws showing the types of houses that this includes. The types have been broken down to the following categories:

• Bedsits
• Shared houses
• Houses with shared facilities made available by their employer or educational establishment
• Hostels, guesthouses, bed and breakfast hotels
• Houses that require registration under the Homes Act 1984
• Self-contained flats

A large number of staff in the racing industry live in HMOs in the Newmarket area. In Brandon, there is a population of migrant agricultural workers who also live in HMOs, often owned and managed by their employers.

Each habitable unit in an HMO will be subject to the same standards as an individual dwelling and there are additional standards relating to proper management. In some cases, i.e. buildings of three or more storey's, occupied by five or more people, the HMO must also be licensed.

The Council can, and in some cases must, take action if there are problems with Houses in Multiple Occupation. The law allows the Council to require a landlord to improve conditions and make properties safe and healthy for people to live in. In particular, the Council will ensure that there are satisfactory means of fire warning and escape in case of fire and that there are sufficient facilities for the number of occupiers.

Please note that the definitions above are general HMO definitions, however there are two definitions concerning Houses in Multiple Occupation HMOs under the Housing Act 2004. Licensable and non-licensable HMOs.

Non-licensable HMO definition

An HMO is not licensable when the building is two storey's or less (including habitable lofts and cellars), or is occupied  by fewer than five tenants.

Should this definition not be met the HMO is licensable, except where the HMO is:

• Occupied by you and members of your family and no more than 2 lodgers
• Converted into self-contained flats that do not meet 1991 (or more recent) Building Regulation Standards
• Converted into self-contained flats and two thirds or more of the flats are occupied by long leaseholders and/or their families (a long lease is 21 years or more)
• Managed/controlled directly by a registered social landlord (housing association), a local housing authority, a police authority or a health service body
• Occupied by full-time students and managed directly by their educational establishment
• Occupied principally for the purposes of a religious community.

Licensable HMO definition

To make sure that the most vulnerable tenants living in the highest risk properties are protected, the following definition as set out in The Housing Act 2004 makes it compulsory for HMOs to be licensed, if:

• the HMO or any part of it is three storeys or more; and
• it is occupied by five or more persons comprising more than one household; and
• The tenants are living in the dwelling as their main or only residence
• If a HMO meets this definition of a licensable HMO you must apply for a mandatory HMO license.

I need a licence, what do I do next?

Contact the Environmental Services Team at your earliest opportunity to register your details and the list of your properties for licensing. We will then provide written confirmation of the details you have registered.

This will enable the Council to send you full details of licensing, including an application pack and guidance notes.

Important: Unless you receive a reply from the Council regarding the details you have registered, you must assume that it has not received that information. Please contact us if you are in any doubt about your registration status.

I have registered my details - what other preparations for licensing is needed?

The following documents will be required in support of your licence application:

• A plan for the property detailing the layout and position of each room (minimum A4 size)
• A valid gas safe certificate covering all gas appliances in the HMO (where applicable)
• An inspection report covering the electrical installation within the HMO (undertaken by a competent electrician within the last five years)
• BS5839 Test Report for the fire detection system (where applicable)
• BS5266 Test Report for the emergency lighting system (where applicable)
• A valid Test Report covering all portable electrical appliances provided with the property

You are strongly advised to make all necessary arrangements so that you have these documents in your possession as soon as possible. Your licence application will not be valid without them.

What are the licence fees?

The Council has approved the following fee structure for HMO licensing:

• A Basic Fee of £500 per licensable property
• A Supplementary Fee of £100 for up to five units of accommodation, £200 for 5-10 units of accommodation and £300 for more than 10 units of accommodation

However the basic fee will be reduced by £250 where:

• The applicant has already been granted a licence for another property in the district
• The applicant is a registered charity operating on a not for profit basis
• This fee structure has been designed to reflect the actual costs to the Council of the administration process for individual

If you are a landlord or intend to become a landlord of a House in Multiple Occupation and would like an officer to visit and provide advice, please contact the Environmental Services Team.

Related Links:

• Guide to HMO
• Housing Act Flyer
• Information for landlords
• HMO Licensing Policy
• Application for an HMO Licence
• Fire Safety Guidance
• Suffolk HMO Fire Safety Protocol 
• The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
• The Management of Houses in Multiple Occupation (England) Regulations 2006
• HMO Glossary