A property is an HMO if it is let as a main or only home to at least
three tenants, who form more than one household and who share a kitchen, bathroom or toilet.
A household consists of either a single person or members of the same
family who live together. An HMO could be one of the following:
A shared house lived in by people who belong to more than one
family sharing one or more basic amenities, such as a toilet, personal washing facilities and cooking
facilities.
A house in bedsits lived in by people who belong to more than one family sharing
one or more basic amenities.
An individual flat lived in by people who belong to more than one family sharing
one or more basic amenities.
To be of the same family,
the occupants must be married to each other, live together as husband and wife, live together in a same
sex relationship, or be related to each other, such as a parent, grandparent, child, grandchild, brother,
sister, uncle, aunt, nephew, niece or cousin.
When does a HMO require a licence?
To require a licence, the HMO must:
be three or more storeys high, and
have five or more people in residence, forming more than one household
‘Storeys’
include basements and attics if they are occupied (including by a resident landlord), have been converted
for occupation, or which are in use in connection with the occupation of the HMO. Commercial premises
on the ground or any upper floor will also be included in the calculation of number of storeys, but
not basements in purely commercial use.
The following HMO’s do not require a licence:
A building managed by a Registered Social Landlord
A building managed by a health service body
A dwelling occupied by the owner and their family, with no more than two lodgers
What
must the owner/manager of an HMO do?
Should the HMO require a licence, the owner/manager must apply for a
licence. To operate an HMO, which requires a licence, without a licence is an offence liable to a maximum
fine of £20,000.To apply for a licence, please contact Environmental Health on 01784 446251.
The owner/manager should be satisfied that the HMO meets the minimum
standards detailed below.The owner/manager should ensure that the HMO is free from any avoidable category
“1 and category 2 hazards” as defined by the Housing Health Safety Rating System (HHSRS)
or minimise any such hazards which are unavoidable.
The owner/manager must manage the property in compliance with The Management
of Houses in Multiple Occupation (England) Regulations 2006. See below for further details.
What standards are required in an HMO?
Most of the standards for a licensed HMO are prescribed by Government
and are therefore a minimum requirement. Other standards are given as a guide to what the Council believes
are reasonable for the health and safety of the occupants. Consideration shall be given to the individual
circumstances of the dwelling and its occupants in determining the level of amenities and space standards
in any particular HMO.
HMO’s which require a licence
Heating
Each unit of living accommodation must be equipped with adequate means
of space heating.
Washing facilities and sanitary conveniences
there must be one toilet with wash hand basin with appropriate
splash back for every five sharing occupiers. Where there are four or fewer occupants sharing a single
toilet this may be situated in the bathroom. Where there are five persons sharing a toilet, this must
be separate from the bathroom but can be contained within a second bathroom. Where there are more than
five persons sharing, there must be at least one toilet with wash hand basin which is separate from
the bathrooms
there must be at least one bathroom with a fixed bath or shower for every
five sharing occupiers
every unit of accommodation must contain a wash hand basin with appropriate
splash back (this may be dispensed with if the letting has a sink for the preparation of food)
all baths, showers and wash hand basins must be equipped with taps providing
an adequate supply of cold and constant hot water. The cold water serving the wash hand basins must
come from a source which is suitable for drinking purposes
all bathrooms must be suitably and adequately heated and ventilated
all bathrooms and toilets must be of adequate size and layout
all baths, toilets and wash hand basins must be fit for purpose
all bathrooms and toilets must be suitably located in or in relation to the
living accommodation
Facilities for the
storage, preparation and cooking of food
each separate letting shall be provided with a kitchen for the
exclusive use of that letting. Where it is not appropriate or practicable to have individual kitchen
facilities in each separate letting, shared cooking facilities shall be acceptable
the kitchen shall be suitably located in relation to the living accommodation,
and of such layout and size to enable those sharing the facilities to store, prepare and cook food
the kitchen shall be provided with appropriate refuse disposal facilities
the kitchen shall have appropriate extractor fans over the cooking areas,
fire blankets and fire doors
where the house is occupied exclusively by separate individuals cooking facilities
shall be provided in the ratio of at least one set of kitchen facilities for every five individuals.
Where the house includes households consisting of more than one person cooking facilities shall be provided
in the ratio of at least one set of kitchen facilities for every three lettings.
A
set of kitchen facilities shall include:-
a fixed sink with constant supplies of hot water and cold drinking
water, and at least one drainer of reasonable size
a cooker comprising at least four rings and an oven and grill. Some other
appliance for cooking food may be acceptable in single person lettings, so long as these are not shared
and the occupants are in agreement
a minimum area of 1.2 m² of smooth, non-porous worktops for the preparation
of food; the worktops to have a minimum depth of 500mm and securely fixed - a minimum of two power points
per letting, plus an additional point for each extra letting where the kitchen is shared; this provision
is extra to any sockets used for the electric cooker or oven. The sockets to be positioned directly
adjacent to the worksurfaces;
adequate cupboard space of minimum size of 0.16 m³ per individual for the
storage of food and kitchen and cooking utensils;
adequate refrigerator space of a minimum capacity of 0.15 m³ per individual,
together with adequate storage of frozen foods. Sharing of storage areas may be appropriate with the
agreement of the residents;
Means of
escape from fire and other fire precautions
There shall be provided such means of escape from fire and other fire
precautions as the Council considers necessary after consultation with the Surrey Fire and Rescue Service.
Room sizes and space standards
SINGLE PERSON UNIT OF ACCOMMODATION (Minimum areas)
i) One room unit providing bedroom/kitchen/living room; 13.0m² One room unit providing bedroom/living room with a separate shared kitchen
10.0m² One room unit providing bedroom with a separate shared kitchen and living
room 6.5m²
ii) Two or more roomed units; - each living/kitchen 11.0m² - each living room 9.0m² -
each bedroom 6.5m²
TWO PERSON UNIT OF ACCOMMODATION (Minimum areas)
i) One room unit providing bedroom/kitchen/living room; 15.0m² One room unit providing bedroom/living room with a separate shared kitchen
14.0m² One room unit providing bedroom with a separate shared kitchen and living
room 10.0m²
ii) Two or more roomed units; - each living/kitchen 15.0m² - each living room 12.0m²-
each bedroom 10.0m² - each living/bedroom 14.0m²
HMO’s which do not require a licence
The same standards will apply as for 4.1, except:
It is not practicable or appropriate to provide each unit of accommodation
with a wash hand basin, wash hand basins of adequate size shall be provided in the ratio of not less
than one amenity per five individuals sharing. These shall be located in or adjacent to the water closet
compartments. Where there are four or fewer occupants sharing a single toilet this may be situated in
the bathroom
