So what is the definition of an HMO or House in Multiple Occupation ?
Where did it come from ?
Does it affect my property ?
I think I have one, but do I need to have a Licence ?
My local authority say my property is an HMO, but I say it is not – Who is right ?
Old Definition of an HMO:
The 1985 Housing Act definition of “House in Multiple Occupation” was a “house which is occupied by persons who do not form a single household”. Over the years, a body of case law relating to the HMO definition has developed. Currently, in its broadest meaning, a house is ‘a building which is constructed or adapted for use as or for the purpose of a dwelling (Ashbridge Investments Ltd v Ministry of Housing and Local Government 1965).
In the 1995 Barnes v Sheffield City Council case provided nine ‘helpful indicators’.
a. whether the persons living in the house came to it as a single group or whether they were independently recruited;
b. what facilities were shared;
c. whether the occupants were responsible for the whole house or just their particular rooms;
d. whether individual tenants were able to, or did, lock other occupiers out of their rooms;
e. whose responsibility it was to recruit new occupiers when individuals left;
f. who allocated rooms;
g. the size of the property;
h. how stable the group composition was; and
i. whether the mode of living was communal.
If residents are recruited individually by the landlord and allocated a room, do not share facilities, have little communal living, and live in a large property with a rapid turnover of residents, then they are likely to be considered separate households. However, each case is decided on its own merits.
The Housing Act 2004 – Definition of an HMO or House in Multiple Occupation
Most of the above is in the past, certainly when it comes to occupation and single household.
Since the introduction of the Housing Act 2004, a powerful piece of government legislation, there is a clear picture as to what constitutes a House in Multiple Occupation or HMO.
In simple terms:
A house which is occupied by three of more unrelated persons, who do not form a single household – this definition is supported by Sections 254 – 259 of the Housing Act 2004
In more depth:
Section 254
Section 254 of the Housing Act 2004 is detailed below
Meaning of “house in multiple occupation”
(1)For the purposes of this Act a building or a part of a building is a “house in multiple occupation” if—
(a)it meets the conditions in subsection (2) (“the standard test”);
(b)it meets the conditions in subsection (3) (“the self-contained flat test”);
(c)it meets the conditions in subsection (4) (“the converted building test”);
(d)an HMO declaration is in force in respect of it under section 255; or
(e)it is a converted block of flats to which section 257 applies.
the Standards Test
(2)A building or a part of a building meets the standard test if—
(a)it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;
(b)the living accommodation is occupied by persons who do not form a single household (see section 258);
(c)the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);
(d)their occupation of the living accommodation constitutes the only use of that accommodation;
(e)rents are payable or other consideration is to be provided in respect of at least one of those persons’ occupation of the living accommodation; and
(f)two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities.
the Self Contained Test
(3)A part of a building meets the self-contained flat test if—
(a)it consists of a self-contained flat; and
(b)paragraphs (b) to (f) of subsection (2) apply (reading references to the living accommodation concerned as references to the flat).
the Converted Building Test
(4)A building or a part of a building meets the converted building test if—
(a)it is a converted building;
(b)it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats);
(c)the living accommodation is occupied by persons who do not form a single household (see section 258);
(d)the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);
(e)their occupation of the living accommodation constitutes the only use of that accommodation; and
(f)rents are payable or other consideration is to be provided in respect of at least one of those persons’ occupation of the living accommodation.
(5)But for any purposes of this Act (other than those of Part 1) a building or part of a building within subsection (1) is not a house in multiple occupation if it is listed in Schedule 14.
(6)The appropriate national authority may by regulations—
(a)make such amendments of this section and sections 255 to 259 as the authority considers appropriate with a view to securing that any building or part of a building of a description specified in the regulations is or is not to be a house in multiple occupation for any specified purposes of this Act;
(b)provide for such amendments to have effect also for the purposes of definitions in other enactments that operate by reference to this Act;
(c)make such consequential amendments of any provision of this Act, or any other enactment, as the authority considers appropriate.
(7)Regulations under subsection (6) may frame any description by reference to any matters or circumstances whatever.
(8) In this section— “basic amenities” means—
(a) a toilet,
(b) personal washing facilities, or
(c) cooking facilities;
“converted building” means a building or part of a building consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed;
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30);
“self-contained flat” means a separate set of premises (whether or not on the same floor)—
(a) which forms part of a building;
(b) either the whole or a material part of which lies above or below some other part of the building; and
(c) in which all three basic amenities are available for the exclusive use of its occupants.
As you can see to decipher the legal jargon of the act can be a minefield:
So to simplify
If there are three or more persons that form two or more households occupying the property as their only or main residence and share any of A toilet, washing facilities or cooking facilities and pay rent or other consideration (such as staff accommodation etc and reflected in wages or salary)
OR
If a property has been converted into self contained flats, and that conversion did not meet and still does not meet 1991 Building Regulations, then that property, by definition is a House in Multiple Occupation or HMO
