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Houses in Multiple Occupation (HMOs)
Shared housing planning to end
The government has announced it will be looking to end shared
housing planning regulations in favour of a more targeted approach.
This is now under consultation. The consultation is designed to
ensure that new rules work effectively for local people without
placing an unnecessary burden on landlords and local planning
authorities. For further information please visit the
National Landlords Association website.
Definition
A dwelling is considered to be in multiple occupation if it
contains occupants who do not form a single household, share one or
more facilities and is the occupants' main place of residence. The
definition includes houses containing bedsits, hostels, shared
houses and flats. The exact definition is described by standard
tests detailed in Section
254 of the Housing Act 2004.
Guidance
To provide guidance for owners and residents of HMOs, Medway
Council has produced the document,
Houses in Multiple Occupation (HMO) Policy (pdf 210KB) along
with the
Diversity Impact Assessment screening form (pdf 80KB).
To use this pdf and others on this page, you will need
Adobe Acrobat Reader. If you do not have it on your computer,
please use our advice page.
Regulations
All HMOs are subject to regulations to ensure that they are
properly managed. These regulations impose duties on the manager of
a HMO so that certain facilities are provided, inspected and
maintained, the physical structure of the property is kept in good
order and residents are provided with contact details for the
manager.
The Management
of Houses in Multiple Occupation (England) Regulations
2006 cover all HMOs which do not comprise
self-contained units. A person managing an HMO is responsible for
carrying out duties imposed by these regulations.
The Licensing
and Management of Houses in Multiple Occupation (Additional
Provisions) (England) Regulations 2007 cover some
buildings that have been converted into self-contained flats. A
person managing this type of HMO is responsible for carrying out
duties imposed by these regulations.
Download the Public
Register of Licensed HMO Properties (pdf 19KB).
HMO licensing
Under the Housing
Act 2004, the government has introduced a mandatory
licensing scheme for some HMOs.
At present, HMO licensing only applies to buildings that are
three or more storeys (levels) high and occupied by five or more
people. The definition of a storey includes basements and loft
conversions.
Landlords must submit a separate licence application for each
property rented out. While the council has to charge a fee for
processing licence applications, discounts are offered to multiple
applications.
The fee for processing HMO license applications is £927. The
licence will last for five years.
All licensed HMOs will be inspected to identify disrepair, fire
safety, amenity or other safety concerns. Landlords will be
required to bring their property up to standard within a fixed
period.
Download the Private
Sector Housing Strategy for HMO licensing evidence briefing
notes (pdf 641KB).
Fees 2012/13
- Licensing of Houses in Multiple Occupation - £927
- Second or Subsequent Application - £824
- Change of Licence Holder - you must submit a new
application.
- Change of manager - £96.40
- Licence variation - £117.80
- Licence renewal fee- with no significant changes - £348.10
- Licence renewal fee- with significant changes - £589.20
- 2nd Reminder letter for a HMO licence - £35
- Unlicensed HMO fine - £150
Amenity Standards
All HMOs must contain a sufficient number of bathrooms, toilets
and kitchens for the number of people living in them. The council
uses the same HMO amenity standards as other councils in west Kent.
You can download the Guidance to HMO Amenity
Standards (pdf 141KB).
Find out about Medway Council's Standards For Licensable Houses in Multiple
Occupation.
Fire safety in HMOs
All HMOs must be provided with adequate means of escape in case
of fire. HMO owners and residents can download Medway Council's
Fire Safety Guidance
for HMOs (pdf 169KB).
This guide is based on national guidance issued by Lacors:
Lacors: Housing Fire
Safety Guide (pdf 1,999KB).
Application evaluation process
Licences will be granted if the:
- house is or can be made suitable for multiple occupation;
- applicant is a fit and proper person and the most appropriate
person to hold the licence;
- proposed manager has control of the house and is a fit and
proper person to be the manager;
- management arrangements are satisfactory.
Will tacit consent apply?
No.
Apply online
Apply for a house in multiple occupancy licence
Failed application redress
Please contact the council in the first instance, using the
contact details below. You may appeal to a residential property
tribunal but any appeal must be made within 28 days of the decision
being made.
Licence holder redress
Please contact the council in the first instance, using the
contact details below. You may appeal to a residential property
tribunal about conditions attached to a licence or any decision to
vary or revoke a licence but any appeal must be made within 28 days
of the decision being made.
Other redress
If there are problems, such as noise or pollution or if one
licence holder complains about another, please use the contact
details below.
Trade associations
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