{"id":25772,"date":"2020-07-10T17:14:20","date_gmt":"2020-07-10T16:14:20","guid":{"rendered":"https:\/\/www.hornerblakey.co.uk\/?p=25772"},"modified":"2020-07-10T17:14:20","modified_gmt":"2020-07-10T16:14:20","slug":"a-guide-to-hmo-licencing-laws-for-landlords","status":"publish","type":"post","link":"https:\/\/www.hornerblakey.co.uk\/a-guide-to-hmo-licencing-laws-for-landlords\/","title":{"rendered":"A Guide to HMO Licencing Laws for Landlords"},"content":{"rendered":"

Jon Graham, Owner of Dwell Estate and Lettings Agency in Leeds explains the implications of HMO\u2019s versus traditional buy to let properties or property portfolios and commercial Real Estate portfolios.<\/em><\/p>\n

HMO stands for a \u201cHouse in Multiple Occupancy\u201d. This refers to a privately owned building which is rented out to tenants individually on a bedroom-by-bedroom basis rather than to a whole household.<\/span><\/p>\n

With a traditional buy-to-let, tenants pay for the whole property during their stay. HMO’s see tenants paying only for their bedroom, with the communal living areas belonging wholly to the landlord. The landlord simply provides their tenants with certain amenities in communal living areas.<\/span><\/p>\n

Due to the assumed increased health and safety risks of unfamiliar people living together, and a reported trend in unscrupulous landlords overcrowding their properties, the government have introduced additional regulations that a property needs to pass in order to be licenced to be rented out as an HMO.<\/span><\/p>\n

HMO licence laws place regulations on certain features of the property, as well as the landlord them-self. In particular, the regulations focuses on:<\/span><\/p>\n

    \n
  1. The level of risk to health and safety in the building<\/span><\/li>\n
  2. The condition and provision of amenities in the communal living areas of the property<\/span><\/li>\n
  3. The size of bedrooms in the property<\/span><\/li>\n
  4. The intentions of the landlord in converting their property into an HMO<\/span><\/li>\n<\/ol>\n

    What health and safety regulations are required for an HMO licence<\/b><\/p>\n

    The majority of health and safety regulations required to obtain an HMO licence revolve around <\/span>fire safety<\/span><\/a>.<\/span><\/p>\n

    Given that HMOs may well be rented out to a group of people who have never met before moving in together, there needs to be a shared fire safety strategy (a plan of action in case of a fire) that is agreed upon and accessible to all. This fire safety strategy needs to be held in print somewhere in the communal areas of the building.<\/span><\/p>\n

    The fire safety strategy needs to be backed up by having a signposted fire exit that is accessible to all tenants. The room in which the designated fire exit is needs to have fire doors fitted. It is the landlords responsibility to <\/span>make these changes to their HMO.<\/span><\/a><\/p>\n

    Interlinked smoke alarms need to be fitted in all communal rooms of the building, with heat detectors in kitchens. Kitchens should also have a fire extinguisher.<\/span><\/p>\n

    Finally, gas safety checks need to be carried out by a professional annual, with electrical safety checks carried out every 5 years.<\/span><\/p>\n

    What communal facilities does an HMO landlord need to provide to their tenants?<\/b><\/p>\n

    The official laws on what an HMO landlord needs to provide their tenants in the communal areas of their property are quite vague, simply stating that \u201c<\/span>adequate cleaning and washing facilities<\/span><\/a>\u201d need to be provided.<\/span><\/p>\n

    In most cases, adequate facilities are considered to be one shower and toilet for every 3 tenants. A hob and an oven in the kitchen, along with sufficient refrigeration space is generally enough to pass the requirement of providing adequate cooking facilities.<\/span><\/p>\n

    The size of a kitchen will also be considered when your HMO is inspected for licencing, however there are no absolute rules for what minimum size it must be.<\/span><\/p>\n

    HMOs also need to have outdoor waste disposal areas that are collected on a regular basis by the local council.<\/span><\/p>\n

    Communal areas also need to be of sufficient condition to allow tenants to live \u201cin decency\u201d, and if bills are included in the rent then a landlord must provide sufficient heating to tenants. It is a good idea for a landlord and tenants to agree upon what is a reasonable energy usage for each month and then charge tenants outside of the rent if these limits are greatly exceeded.<\/span><\/p>\n

    An HMO landlord has no obligation to provide their tenants with a dedicated living room.<\/span><\/p>\n

    What are the required bedroom sizes for HMOs<\/b><\/p>\n

    In order to rent out a room in an HMO, the room in question needs to have a minimum amount of floorspace. This is to stop landlords from converting small utility rooms into bedrooms and overcrowding their properties.<\/span><\/p>\n

    Minimum room sizes for HMOs are as follows:<\/span><\/p>\n