HMO's and HMO Licensing - Definitions and Explanation of Terms
This page provides information and definitions for the following Houses in Multiple Occupation (HMOs) terms:
- basic amenities
- sole use condition
- single household
- main residence
- premises not HMOs for licensing purposes
- storey
- temporary exemption notice (TEN)
- exemption if licence holder dies
- interim and final management orders (IMO and FMO)
- health and safety condition in IMO's and FMO's
- HMO licence fee
- HHSRS - the Housing Health and Safety Rating System
Please, also visit the HMOs FAQ page.
Basic amenities.
These are a kitchen, WC and personal washing facilities (bath or shower and wash hand basin).
Sole use condition
If an HMO meets all criteria of the tests except that residential use is not the sole use of a property, the Council can declare the premises an HMO by notice, if occupation as an HMO is a significant part of the use of the property e.g. part of a guest house or hotel
A single household is defined as:
- members of the same family i.e. parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin,
- people married or living together (including single sex relationships),
- a couple living with a someone related to one member of that couple and
- a household includes foster children or domestic employees (nannies, maids etc).
- a person receiving care and their carer
Main residence includes:
- Students in full time education
- Refuges run by voluntary organisations for persons suffering from physical violence or mental abuse
- Migrant and seasonal workers living away from home
- Asylum seekers
Certain premises are not HMOs for licensing purposes (schedule 14)
- Buildings controlled or managed by:
- A local housing authority
- RSL's (Housing Associations)
- A Police authority
- Metropolitan Police Authority
- A fire and rescue authority
- A health service body
- HMOs regulated by other legislation e.g. children and care homes, boarding schools, prisons, bail and probation hostels etc.
- Buildings occupied by students where the manager is the educational establishment
- Buildings occupied by religious communities for prayer, contemplation, education or the relief of suffering (NB This does not apply to a converted block of flats to which s257 applies)
- Owner occupied buildings where one or more persons who have (whole or part) either the freehold estate or a lease of more than 21 years and their household, along with no more than 2 other persons (often referred to as lodgers)
- Any building occupied only by two persons who form two households.
The definition of ‘storey’:
- Include any basement if used wholly or partly as living accommodation and is an integral part of the HMO or it is the main entry into the HMO from the street
- Include any attic if used wholly or partly as living accommodation and is an integral part of the HMO
- Include parts of the building being used as a business premises
- Include any mezzanine floor (half landing) that is not used solely as a means of access, if it is used wholly or partly as living accommodation and is an integral part of the HMO.
A Temporary Exemption Notice (TEN)
A TEN suspends the requirement for a licence because the owner has notified the council that s/he intends to take particular steps with a view to securing that the house will no longer be required to be licensed.
Temporary exemption is what it says, temporary. There are no permanent exemptions. The Council can serve a temporary exemption notice (TEN) which will exempt the premises from licensing for 3 months. In certain unusual circumstances it can extend this for a further 3 months. Thereafter there is no power to exempt the premises and the property must be licensed.
Under Section 75, Housing Act 2004, if an HMO requires a licence and does not have one, the landlord’s ability to serve notice to quit on tenants with shorthold and assured shorthold tenancies is withdrawn.
If the licence holder dies
The licence ceases to be in force. The house is automatically given an exemption for 3 months after the licence holder’s death. Thereafter the representatives of former license holder may apply for a TEN in the same way as above i.e. up to a maximum of a further 6 months.
Interim and Final Management Orders
An IMO lasts 1 year and an FMO lasts 5 years. These orders are made by the Council and their aim is:
- To protect the health, safety or welfare (the health and safety condition) of occupiers or people in the vicinity
- To put in place any other steps to achieve proper management of the premises.
An Order can be made if:
- The property ought to be licensed and there is no prospect of it getting a licence in near future or the licence is to be revoked and won’t be granted or
- The health and safety condition is met.
The health and safety condition
It is necessary to make an IMO or FMO order to protect health, safety or welfare of occupiers or persons having an estate or interest in property or who are in the vicinity . A threat to evict to avoid licensing is defined as a threat to welfare.
Additionally there:
- Must be a category 1 hazard and
- Health, safety and welfare of the occupiers would be protected by making the order.
HMO licence fee
The fee is £200 per flat or unit of accommodation where an application is completed and submitted without the assistance of Council Officers.
If you require an advisory visit regarding either the licensing process, the essential works related to the licensing of the premises or the completion of the licensing application forms, the fee is £250 per flat or unit of accommodation.
Fees for renewal will be reviewed and set in due course. The fees are intended to offset the cost to the Council of administering the licensing scheme.
Both a bedsit and a self contained flat commands a separate fee. For example, if there are 10 bedsits in the HMO the fee for an unassisted application will be 10 x £200 = £2000
The full fee is payable if the licence has to be re-issued as a result of a change of ownership.
Housing Health and Safety Rating System
This is the method used to assess risks to health and safety in housing. Inspectors identify hazards and assess the risk they pose to vulnerable occupants. They are then categorised into category 1 or category 2 hazards; the Council has a duty to take action to deal with category 1 hazards and may deal with category 2 hazards if it is appropriate.
- More information on the Housing Health and Safety Rating System
(PDF 95KB) - Government guidance on HHSRS
Email this pageLast modified by: Richard Simpson on 09/05/2008