HMO Licensing

[Hairy harry]

Hello people, first time post, I understood the requirement to provide a sink in every flat had been dropped however my local authority public protection department ( ! ), have advised me this is still required to comply with the licence regulations ?

[Matthew]

I would also like some clarity on this matter, I think it may be the individual councils decision, but my HMO Licence does say I need to get a sink into every bedroom within 5 years. This is madness, & I'm hoping they will change their minds as nobody with a 12ft by 8ft room wants a bl**dy sink in it.

[Simon Dewsberry]

have just put one thru licensing ...NO SINKS REQUIRED !!! that is in Cardiff tho ...

S

[red40]

The original The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006, came into force on the 6th April 2006, whereby it gave the requirements for licensable HMO standards (I wont post all of them) and gave the following requirement with regards bathrooms, kitchens and the infamous whb rule.

2. —(1) Where all or some of the units of living accommodation in an HMO do not contain bathing and toilet facilities for the exclusive use of each individual household—

(a) where there are four or fewer occupiers sharing those facilities there must be at least one bathroom with a fixed bath or shower and a toilet (which may be situated in the bathroom);

(b ) where there are five or more occupiers sharing those facilities there must be —

(i) one separate toilet with wash hand basin with appropriate splash back for every five sharing occupiers; and

(ii) at least one bathroom (which may contain a toilet) with a fixed bath or shower for every five sharing occupiers;

(2) Where there are five or more occupiers of an HMO, every unit of living accommodation must contain a wash hand basin with appropriate splash back. (except any unit in which a sink has been supplied as mentioned in paragraph 4(1)).

Following many objections not only from the RLA, NLA, but also many local authorities, the above regulations where amended by the regulations below and came into force on the 1st October 2007.

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007

8) In Schedule 3 (prescribed standards for deciding the suitability for occupation of an HMO by a particular maximum number of households or persons) —

(a) for paragraph 2(1) and (2) substitute—

" 2. —(1) Where all or some of the units of living accommodation in an HMO do not contain bathing and toilet facilities for the exclusive use of each individual household—

(a) there must be an adequate number of bathrooms, toilets and wash-hand basins suitable for personal washing) for the number of persons sharing those facilities; and

(b ) where reasonably practicable there must be a wash hand basin with appropriate splash back in each unit other than a unit in which a sink has been provided as mentioned in paragraph 4(1),

having regard to the age and character of the HMO, the size and layout of each flat and its existing provision for wash-hand basins, toilets and bathrooms."

You can see that there is still a requirement for whb's but only when it is considered reasonably practicable. What this phrase really means is it is going to place further problems for the Residential Property Tribunal as it is they who have to decide on each individual case/appeal if it is reasonably practicable.

My council are still asking for the 'old standard' for bathrooms, but they never agreed with the whb rule so wont be asking any landlord to do it. At last an a council who are working with landlords