The definition of a household consists of persons who are members of the same family (including married and unmarried couples)
HMOs include shared houses (and flats) hostels, bedsits and some buildings containing self contained flats.
HMOs which are entirely occupied by owners or long leaseholders, HMOs managed by Registered Social Landlords (usually known as Housing Associations), some educational establishments, health authorities and some other bodies are not treated as HMOs.
The Council ensures that all HMO’ meet acceptable standards with regard to:
- Means of escape in the event of a fire
- Amenities including bathroom and kitchen facilities
- Management of the property
- Disrepair of the property
Licencing of HMOs
Which HMOs need a licence?
HMOs comprising of:
Three or more storeys and occupied by five or more persons who form two or more households will require a license from the council. Storeys used as commercial units, for example, shops on the ground floor, will count as a storey, as will basements if they are in residential use.
How is a licence obtained?
The landlord of the HMO is responsible for applying for a licence, by completing an application form which can be obtained from firstname.lastname@example.org
A fee is charged for dealing with the application. This will be calculated on a case by case basis and only cover the cost to the council in administering the licence.
In deciding whether to grant or approve the licence, the following is considered:
- Whether the house is suitable for occupation as a HMO
- Whether the license holder and manager is a ‘fit and proper’ person
- Whether the management of the property is satisfactory
When a license has been approved it will normally remain valid for 5 years.
HMO Licensing Conditions
To improve standards in HMOs, landlords of all licensable properties must:
- Submit a valid copy of a gas safety certificate (in accordance with the Gas Safety Regulations 1998) to the council.
- Ensure safety of all electrical appliances and furniture
- Install and properly maintain correctly sited smoke alarms throughout the property
- Provide each occupant with a written statement about terms and conditions i.e. a tenancy agreement
- The council can also impose a range of other conditions if deemed warranted
Any breach of licensing conditions can result in prosecution and may result in a £5,000 fine upon summary conviction.
Will Tacit Consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from Rutland County Council within a reasonable period, please contact us at email@example.com
Failed Application Redress
You may appeal to a Residential Property Tribunal regarding conditions attached to a licence or any decision to vary or revoke a licence. Any appeal must be made within 28 days of the decision being made.
If a licence is granted and you wish to appeal against it being granted you may do so to a Residential Property Tribunal within 28 days of the decision being made.
What can happen if a HMO which should be licensed is operating without one?
It is a criminal offence to operate a licensable HMO without having obtained a licence. The current fine that can be imposed is £20,000
In addition, any Housing Benefit paid to the landlord for an unlicensed HMO, can be repayable to the local authority (subject to a Residential Property Tribunal order).
Also, in some circumstances, tenants can apply to the Residential Property Tribunal for a Rent Repayment Order if they have paid rent to a landlord who has failed to obtain a HMO licence.
No section 21 notice may be service under the Housing Act 1988 in relation to a shorthold tenancy of part of an unlicensed HMO.
A local authority can apply to a Residential Property Tribunal to manage a HMO that is not licensed. This means the Council takes over management responsibilities from the landlord in respect to the property, including collection of rent and carrying out repairs etc. This is referred to as an Interim or Final Management Order.
Contact the Council
You can email the Council at firstname.lastname@example.org who will contact you within five working days.
Public Register of Licences, Temporary Exemption Notices and Management Orders The council is required under Section 232 of Housing Act 2004 to keep a public register of HMO Licences granted, Temporary Exemption Notices issued and Management Orders made. This information is not uploaded to the website to protect the personal information of the licence holders and landlords. It is available for public viewing during office hours by contacting the Council at email@example.com