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Houses in Multiple Occupation - Licensing
Housing Act 2004 - Mandatory Licensing
From 6 April 2006, the Housing Act 2004 requires that some
rented properties need to be licensed. The government has therefore
introduced Mandatory Licensing, a scheme to be applied across the
whole of the country. It requires larger houses in multiple
occupation (where many unrelated people live) to be licensed.
Additional licensing
The government allows councils to introduce other types of
licensing, which could require other types of property to be
licensed. There has to be a reason for this being done.
Examples are that there may be antisocial behaviour problems,
in an identified area of the borough, or if it considered that a
significant proportion of the houses in multiple occupation are
being poorly managed. This is not something which
is currently being considered by
Havant Borough Council.
Why has licensing been
introduced? >>
What is
a House in Multiple Occupation? >>
Which Houses in
Multiple Occupation need to be licensed? >>
What is meant by 'household'?
>>
What is meant by 'main or only
residence'? >>
How can I check if where I
live needs to be licensed? >>
I live in a property with
a resident landlord. Does it require a licence? >>
What will the
council take into account when deciding whether or not to grant a
licence for an house in multiple occupation? >>
Can the
council impose conditions in a licence? >>
What happens to the
occupiers living in the property at the time the licence is
granted? >>
What happens if
my landlord does not apply for a licence? >>
Can I withhold my rent if my
landlord has not applied for a licence? >>
What
happens if my landlord breaches the terms or conditions of the
licence? >>
What
happens if the council refuses to grant a licence? >>
Are there any controls on houses in multiple occupation which do
not need a licence? >>
What
happens if the conditions in my house in multiple occupation are
poor? >>
Where can I download and
print a licence application form? (PDF 57KB)>>
How much does a licence
cost? >>
Contact
Us:
Telephone: (023) 9244 6670
Email: ehenvironment@havant.gov.uk
Visit: Civic Offices, Civic Centre Road,
Havant PO9 2AX
Why licensing has been introduced
Licensing has been brought in to improve management and
standards in these types of buildings. This is because in such
houses there are greater risks of fire and problems of people
having to share facilities.
According to figures, Houses in Multiple Occupation have some of
the worst living standards with the poorest people living in them.
Alongside the Housing Health and Safety Rating System (a system for
assessing housing conditions) licensing should identify properties
in poor physical condition lacking basic amenities.
It also recognises landlords whose buildings are in very good
condition.
Definition of a house in multiple
occupation:
Houses in Multiple Occupation have been redefined by the Housing
Act 2004 as:
- An entire house or flat which is let to three or
more tenants who form two or
more households and who share a kitchen, bathroom or
toilet. (For a definition of household please see below).
- A house which has been converted entirely into bedsits or other
non-self-contained accommodation and which is let
to three or more tenants who form two
or more households and who share kitchen, bathroom or
toilet facilities.
- A converted house which contains one or more flats which are
not wholly self contained (ie the flat does not contain
within it a kitchen, bathroom and toilet) and which is occupied
by three or more tenants who form
two or more households.
- A building which is converted entirely into
self-contained flats if the conversion did not meet the
standards of the 1991 Building Regulations and more than one-third
of the flats are let on short-term tenancies.
- In order to be an HMO the property must be used as the tenants'
only or main residence and it should be used solely or mainly to
house tenants. Properties let to students and migrant workers
will be treated as their only or main residence and the same will
apply to properties which are used as domestic refuges.
HMOs which need to be licensed
Houses in Multiple Occupation which need to have a license are
those where there are:
- 5 or more tenants, forming 2 or more households. They use
shared facilities such as toilets, bathrooms, kitchens and so on;
and
- The property has 3 or more floors. This will include cellars,
basements and loft conversions
What is meant by
'household'?
A 'household' could be a single person, or
members of the same family living together. This includes people
who are married or living together as married (including those in a
same-sex relationship). It also includes close relatives and foster
children living with foster parents.
If there are 3 or more people living
in a flat or building and they are not all in the same household,
for example, a shared student house, the building or flat may be
classified as a house in multiple occupation.
What is meant by 'main or only
residence'?
A house in multiple occupation is regarded as a person's main or
only residence when the house is their only accommodation or the
place where they mainly live; or they are living in a house in
multiple occupation as a full time student in higher education
How can
I check if where I live needs to be licensed?
Havant Borough Council has a public register
of all licensed houses in multiple occupation within its area which
you can view free of charge. If the property you live in is not on
the public register and you are not sure
whether it ought to be licensed then
contact the Environment Team in Environmental Health who will be
able to advise.
I
live in a property with a resident landlord. Does it require a
licence?
This depends on who else lives in the
property. Properties are houses in multiple occupation if a
resident landlord lives with 3 or more other people who are not
members of his or her household.
The property must be licensed if, in
addition to the resident landlord (and his or her household), there
are 4 or more persons living in a property which is on 3 or more
storeys.
If you are unsure whether the house
you live in needs a licence, please contact us.
What
will the council take into account when deciding whether or not to
grant a licence for a house in multiple occupation?
We must look at the following factors:
• The suitability of the house in
multiple occupation for the number of occupiers
• The suitability of the facilities
within the house in multiple occupation, such as toilets, bathrooms
and cooking facilities
• Fire precautions within the house in
multiple occupation, such as smoke alarms, heat detectors in the
kitchen, fire check doors, fitted with smoke seals, overhead
closers, fire exit signs, fire extinguishers
and/or fire blankets
• The suitability of the landlord
and/or the managing agent to manage the house in multiple
occupation (this is called the 'fit and proper' test); and
• The general suitability of managing
arrangements
Can the council impose
conditions on a licence?
Yes. The council must set certain
conditions to ensure the safety of furniture, and gas and
electricity installations, in the house in multiple occupation. It
must also require landlords to give tenants written information
regarding the terms and conditions of their occupancy. We may also
set conditions relating to the facilities in the house in multiple
occupation, its condition and the management of the property,
including how the landlord deals with the behaviour of
occupiers.
What happens to the occupiers
living in the property at the time the licence is
granted?
We must ensure that a licensed house in
multiple occupation is not overcrowded and has suitable shared
amenities and facilities for the number of persons occupying it. If
there are too many people living in the house in multiple
occupation at the time the licence is granted, the landlord must
take reasonable steps to reduce the number of occupiers to the
permitted number. Existing tenants will not normally be evicted.
Instead, when they move out, it will be an offence for the landlord
to allow new tenants to move in if that would bring the total
number of occupiers above the maximum number allowed.
What happens if my
landlord does not apply for a licence?
It is a criminal offence to manage or control
a property which should be licensed but is not. If convicted, the
landlord or manager could be fined up to £20,000.
In addition landlords may have to pay
back to the council any housing benefit they have received during
the period of the offence, up to a maximum 12 months.
Your tenancy will not be affected if
your landlord has failed to apply for, or obtain a licence,
although the council may take over the management of the property.
If this happens the local council will contact you to discuss the
arrangements in more detail.
Can I withhold my rent if my
landlord has not applied for a licence?
No, you cannot withhold rent. In certain
cases, you may apply to a Residential Property Tribunal to reclaim
rent. You can only do so if your landlord has been prosecuted by
the council for running an unlicensed house in multiple occupation
or if the council itself has obtained a rent repayment order. Your
council or a residential Property Tribunal should be able to give
you further details.
What happens if my landlord
breaches the terms or conditions of the licence?
If a landlord or manager allows a house in
multiple occupation to be occupied by more people or households
than it is licensed for, without a reasonable excuse, he or she
will be committing a criminal offence and could be fined up to
£20,000.
If the landlord or manager breaches
licence conditions he or she is committing a criminal offence and
could be fined up to £5,000. If the breach is a serious or
persistent one the licence may also be revoked. If the council
revokes a licence (and is unable to agree a replacement licence) it
must take over the management of the house in multiple occupation
itself, unless the building is no longer licensable.
What happens if the council
refuses to grant a licence?
If the council is unable to grant a licence
for the house in multiple occupation then it will need to take over
the management responsibility for the property until circumstances
change and it can then be licensed.
There are special rules that apply
when a council takes over the management of a house in multiple
occupation. If this happens the council will explain your rights
and liabilities, and those of the landlord or formermanager.
Are there any controls on
houses in multiple occupation which do not need a
licence?
Yes. All houses in multiple occupation,
including those which do not need a licence, have to be managed
according to the laws setting out the responsibilities of both
landlords and tenants. (These are set out in The Management of
Houses in Multiple Occupation Regulations 2006).
Managers of houses in multiple
occupation must ensure the good day-to-day management of houses in
multiple occupation and that necessary equipment is maintained in
reasonable condition.
Tenants must not stop the landlord or
manager doing this. A landlord or tenant who fails to comply with
these regulations may be fined up to £5,000.
If a house in multiple occupation that
does not need a licence is being managed badly the local council
can, in some circumstances, apply to a Residential Property
Tribunal to take over management of the property itself.
What happens if the
conditions in my house in multiple occupation are
poor?
Whether or not the house in multiple
occupation is licensed it should be reasonably free from hazards
that might affect your health and safety. Your council is
responsible for enforcing those standards and can require the
landlord to take appropriate action to remedy any defects. In some
emergency cases the council may do the works itself.
If you live in a licensed house in
multiple occupation the council must satisfy itself that the
building is free from any major hazards. This will normally involve
an inspection.
How much does a licence cost?
The cost of a licence depends upon
several factors including the number of storeys in the building and
the number of potential occupants. Our current charges can be found
on pages 39 and 40 of the Council's charges
list for 2009/2010 (April 2009 - March 2010) in PDF format
(420KB)
Further
Information
If you think your property may need to
be licensed, or you need any advice, please contact us
and someone from the Private Sector Housing Team will contact
you.
Contact Us:
Telephone: (023) 9244 6670
Email: ehenvironment@havant.gov.uk
Visit: Civic Offices, Civic Centre Road,
Havant PO9 2AX