What is an HMO?

[J4L]

Not a stupid question really just a query,

I understand that 3 floors, tenants = 5+ is classed as an HMO but I've had a fire officer here today (not to do with lettings, but childcare) and he was talking about HMO's to me . . .

We've just been asked to take on a property that is

1 shop unit (possibly 2 dependant on what Business wants/requires)

above shop:

1 side, a 3 bed flat

other side, a 2 bed flat.

potentially on the ground floor: (behind the shop/s)

are 2 bedsits!

So the scenario is this,

we could let the whole shop / 2 seperate shops with/without toilet/kitchen facilities (or these could be rented as bedsits)

plus a 2 bed above one, and a 3 bed above the other shop.

Fire officer we were talking to says this is an HMO???

Effectively we could have 1 T in each of the flats (2 + 3 bed above shops) and let the shops seperately who would want to use the back area themselves, or if they don't we could let the 'back areas' as bedsits!!!

anyone got any ideas on this??

Would this property/ies be classed as an HMO or not??

[Simon Dewsberry]

What is an HMO?

The Housing Act 2004 changes the definition of House In Multiple Occupation.

A building, or part of a building, will be an HMO if:

it is occupied by persons who do not form a single household, and

it is occupied by those persons as their only or main residence, and

rent is payable by at least one of the occupiers, and

two or more households share basic amenities

Purpose built blocks of self contained flats are not HMOs, but houses or buildings which have been converted into a block of flats may be a HMO if:

the standard of conversion does not comply with the 1991 Building Regulations; and

less than two thirds of the flats are owner occupied.

This is a simplified version of the new definition. The full definition can be found in sections 254 and 259 of the Housing Act 2004.

The new act will mean that most houses occupied by students will now be HMOs.

10.4.1.PN.003 Issue: 1.2 Date: 05/07/06 Process Owner: Service Manager,

Responsive

Authorised: BIM 05/07/06

This leaflet is the first in a series produced by the Private Sector Housing Division of

Housing and Neighbourhood Renewal, Cardiff County Council.

Approved:01/04/0

1HOUSES IN MULTIPLE OCCUPATION IS MY PROPERTY AN HMO?

IT WILL BE AN HMO IF IT IS ONE OF THE FOLLOWING:

Housing Act 2004 section and

schedule numbers

A shared house lived in by people who

belong to more than one family* and who

share one or more facilities**

S254(2) ‘the standard test

A house in bedsits lived in by people who

belong to more than one family* and who

share one or more facilities**

S254 (4) ‘The converted building test’

An individual flat lived in by people who

belong to more than one family* and who

share one or more facilities**

S254(3) ‘The self contained flat test’

A building of self contained flats that do

not meet 1991 Building Regulation

standards.

Exemptions:

· If it is occupied by only two people.

· If it is occupied by the owner (and their

family if any) and one or two lodgers.

· If it is occupied by a religious community

· If the occupiers have their own residences

elsewhere***

· If no one in the property is required to pay

rent

· If the owner or manager is a public body

· If the owner or manager is an educational

institution

· A building of self contained flats if two

thirds or more of the flats are owneroccupied

· If the property is part of a guesthouse or

hostel (unless an ‘HMO Declaration’ is

made).

S 257

Sch 14, 7

Sch 14, 6©

Sch 14, 5

S259 s

254(2)(e)

Sch 14,2

Sch 14, 4

S257 (2)(

S254 (2)(d)

(S255 (1))

SOME OF THESE HMOs MUST HAVE A LICENCE – WHICH ONES?

An HMO must have a licence if all of the following apply:

a. It is an HMO and

b. It is three storeys or more (includes

Regulations made under s55

Approved:01/04/0

1

basements) and

c. It is occupied by five people or more

Exemptions:

· If the whole property is in self

contained flats (subject to any

further regulations).

· If the basement is in commercial

use and there are only two

residential storeys above.

* Family – husband, wife, co-habitee, child,

stepchild, foster-child, grandchild, parent,

stepparent, foster-parent, grandparent,

brother, half-brother, sister, half-sister, aunt,

uncle, niece, nephew, cousin.

** Facilities – basic amenities: wc; wash

hand basin, shower, bath, cooking facilities

*** Accommodation used by full time

students while they are studying is taken to

be their main residence.

S258

S254 (8)

S259 (2)(a)

LEAFLETS AVAILABLE IN THIS SERIES:

Information Sheet 1 What is a House in Multiple Occupation?

Information Sheet 2 Fire Precautions in HMOs.

Information Sheet 3 Standards in All Rented Properties

Information Sheet 4 Gas Safety in Rented Properties

Information Sheet 5 Fire Safety Management in Rented Properties

Information Sheet 6 Management of HMOs

Information Sheet 7 Housing Health and Safety Rating System

Taken from Cardiff City website

Just because a prop is "described" as hmo in itself is pretty meaningless as it does not necessarily have any impact on fire safety BUT IT MAY.....get in touch with your local council "private sector housing" and ask for the local guidelines and rules ......if you are a reponsible LL you will request an inspection of the prop to have it properly assessed

S

[Simon Dewsberry]

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[Simon Dewsberry]

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[J4L]

forgot to mention that this is a 3 storey buiding, shops on the ground floor and the flats either side over 2 floors.

Have I just answered my own question here . .. . . .

[J4L]

I LOVE the copy & paste facility, don't you. haha.

Sorry Simon i'm being facetious.

[Simon Dewsberry]

I LOVE the copy & paste facility, don't you. haha.

Sorry Simon i'm being facetious.

"google" is an even better tool ......

Hehe!

S