HMO Licenses to be Extended

Contact
Table of Contents
Changes to HMO Licenses
In an attempt to raise standards for all relevant Houses in Multiple Occupation (HMOs), changes are afoot and come into force on the 1st October 2018 when the mandatory licensing scheme will be extended.
Currently, local authorities have a duty to licence all HMOs that are of three or more storeys and occupied by five or more persons who together do not form a single household. From the 1st October 2018, in England only, the scope of mandatory licensing will be widened by the removal of the minimum storeys from the mandatory licensing requirements. Mandatory licensing will extend to HMOs occupied by five or more people forming more than one household regardless of the number of storeys, where the HMO satisfies the “standard test” or the converted building test” or where the HMO satisfies the “self-contained flat test “ save where it is a purpose built block comprising three of more self-contained flats.
It was thought the current restrictions meant that the problems which the scheme was intended to deal with were not being fully addressed. The scheme was initially introduced to tackle overcrowding, poor poverty management and the housing of illegal immigrants. The restrictions have resulted in these problems moving to smaller HMOS as rogue landlords avoid the attention of the local authority enforcement by letting out smaller HMOs or single storey HMOs.
Mandatory HMO licence conditions
The Government has also introduced further mandatory HMO licence conditions which come into force on 1st October 2018 as follows:
- A room with usable floor area of less than 6.51m² cannot be occupied as sleeping accommodation by any person aged 10 or over
- Where a room is to be used as sleeping accommodation by two persons, it must have a usable floor area of more than 10.22m²
- Any room with a usable floor area above 4.64m² may be occupied by a child under 10 provided the room is let or occupied in connection with another room which has a usable floor area of or in excess of 6.51m² and which is occupied by a parent or guardian of the child
- In all cases, when calculating the usable floor area where the ceiling height is less than 1.5m must be disregarded
- Require licences to specify which rooms may be used for sleeping accommodation and the number of persons who may occupy each of those rooms and
- Relating to the provision of suitable facilities for refuse and storage disposal.
There is no grace period for the new requirements. Therefore if you own or manage an HMO which is currently not subject to the HMO licensing scheme, you may need to check if you will be caught by the changes and make the necessary application as soon as possible.
Speak to us about HMO Licensing
To find out more about HMO requirements and for any other property issue speak to our expert property litigation lawyer, Shilpa Mathuradas. You can contact us on 020 7485 8811 or fill in our online enquiry form.
Share this article
Contact us about a HMO License
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
"Jodi Newton is approachable and always has the client's best interest at heart."
“I can’t thank you enough for your support and generosity … I greatly appreciate your patience and goodwill which are exemplary.”
William acts on possession, disrepair and homelessness cases, and has particular expertise in the protection of tenancy deposits under the Housing Act 2004
I am extremely happy with the help that I have been given from Osbornes.
"Straightforward and clear, he is good at cutting through the noise."
Related InsightsVIEW ALL
- 4.12.2024
Security of Tenure
Security of tenure gives business tenants the right to stay in their property after the lease ends and request a...
Read more - 4.12.2024
Section 25 Notices
A Section 25 notice plays an important role in commercial leases, letting landlords and tenants know what’s next when a...
Read more - 4.12.2024
Section 21 Notices
Guide to section 21 no-fault evictions Evicting tenants is never easy but under the no-fault eviction process, it should be less...
Read more - 3.12.2024
Beneficial Interest in Property
What does beneficial interest in property mean? A beneficial interest in property gives someone the right to share the benefits...
Read more - 18.11.2024
Rent Repayment Orders
Guidance for Rent Repayment Orders (RROs) for Landlords in the UK Rent Repayment Orders (RROs) are legal orders requiring a...
Read more - 13.11.2024
Evicting a Tenant
How to evict a tenant: Guidance for landlords Evicting tenants is rarely straight forward. It is a challenging and complex...
Read more - 16.10.2024
Managing Litigants: Court Powers and Defendant Options
How can the court control a litigant? Most people wish to live out their lives without the need to face...
Read more - 15.10.2024
How do you determine a boundary?
Whether the boundary dispute relates to a rear garden boundary or whether it relates to a driveway, the issue of...
Read more - 14.10.2024
Can You Challenge a Restrictive Covenant?
Challenging a restrictive covenant! Is it obsolete? It is well known that section 84(1) of the Law of Property Act 1925 allows...
Read more - 22.3.2024
The Renters Reform Bill
A Review of the Renters Reform Bill The 2019 Conservative Manifesto made a commitment to end “no fault evictions”. This has...
Read more - 22.3.2024
Client successful in TOLATA proceedings
The case related to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) in respect of joint...
Read more - 23.1.2024
Freehold Service Charge Disputes
Service Charges & the Leasehold and Freehold Reform Bill The Leasehold and Freehold Reform Bill was introduced to Parliament on 27...
Read more - 23.1.2024
Know your Rights (of Way)
If you have a question or concern over a right of way on your property, it is important to seek...
Read more - 23.1.2024
Party Wall Etc Act 1996 v Common Law
The case of Power & Kyson & Shah [2023] EWICA Civ 239 The case of Power & Kyson & Shah [2023] EWICA Civ 239...
Read more - 27.10.2023
The Building Safety Act 2022
Introduction to the Building Safety Act 2022 This much awaited Building Safety Act 2022 was introduced into Parliament on 5th May 2021 as...
Read more - 22.8.2023
Reasonableness of Service Charges
Reasonableness of Service charges under the Landlord and Tenant Act 1985 It is well known that the relevant costs that a...
Read more - 11.5.2023
Overlooking Nuisance Claims
The Supreme Court’s Ruling on Overlooking as Private Nuisance In the case Fearn v Tate (2023) UKSC 4, the UK Supreme...
Read more - 5.2.2023
Japanese Knotweed: Knot in my backyard again!
Huge legal bill after selling home with Japanese knotweed Many will have read the recent case in which a furniture...
Read more - 9.6.2022
TOLATA Claims
What is a TOLATA claim? A TOLATA claim is a legal process under the Trusts of Land and Appointment of...
Read more - 8.6.2022
Right to Light Explained
What is the Right to Light? The right to light is a type of ‘easement’ – a legal right giving property...
Read more - 8.6.2022
The Dangers of Rent-to-Rent
What is Rent-to-Rent? Rent-to-Rent refers to the practice of landlords letting a whole property to a tenant (usually a limited...
Read more - 9.11.2021
Can I Still Claim Adverse Possession?
What is Adverse Possession aka Squatters’ Rights? The principle of “adverse possession” commonly known as “squatters rights” is a principle...
Read more - 5.10.2021
Buying a Property with a Party Wall Agreement
Introduction to buying a house with a party wall agreement Buying a property can already be a stressful process but...
Read more - 10.8.2021
Beneficial Interest in Property
What does beneficial interest in property mean? A beneficial interest in property gives someone the right to share the benefits...
Read more