HMO Requirements and Regulations: A Landlord’s Guide

According to the UK government, a House in Multiple Occupation (HMO) is any house that meets this criteria:

• Three or more unrelated people live in the house. As such, the house contains more than one “household”. If there are more than five unrelated people in the house, it’s considered a “large HMO”.
• Residents share communal facilities including a living room, a kitchen, and bathrooms.

There are lots of rules and regulations when it comes to HMOs. The legislation defines who can manage an HMO, the sort of accommodation and facilities they need to provide, and the sort of standards they need to maintain. You can read a detailed explanation of what counts as an HMO by reading section 254 of the government’s Housing Act 2004.

You should always consult your local authority, as planning restrictions and rules can vary. For Nottingham, you want to be making sure you’re particularly aware of the Article 4 direction, which was introduced for Nottingham in 2012.

Whether you’re looking to become an HMO landlord, or you’re already a landlord and you want an update on the current HMO regulations, this is your essential guide to everything you need to know.

Who Can Manage an HMO?

You need a licence to run a large HMO. And to qualify for an HMO licence, you need a clean criminal record, with no history of any “breaches of trust”. Plus, if you’ve ever been a landlord before, you can only qualify for an HMO licence if you’ve no history of breaching other landlord codes, norms, and laws.

An HMO licence is valid for a maximum of five years. It’s up to you to renew your licence before it runs out. Furthermore, you need a separate licence for each HMO you run.

You can apply for your HMO licence on the government’s website.

HMO Regulations – Sizes and Standards

When you apply for an HMO licence, your local council or authority will certify your property to ensure it meets the minimum HMO standards.

There are separate standards concerning the minimum room size per tenant, the ratio of bathrooms and toilets per tenant, and the cooking and kitchen facilities per tenant. There are also minimum HMO regulations concerning natural lighting, ventilation, bins and binbags.

In short, HMO landlords must ensure their property is never overcrowded, and that all tenants have equal access to safe and reliable facilities.

Check your local authority for detailed information on the HMO size standards, including the ratios of amenities per tenant, in your area.

HMO Requirements – Maintenance and Safety

As an HMO manager, you must commit to the following:

• Gas Safety – Check and update the gas safety certificate each year.
• Fire Safety – You must safeguard your HMO against fire and smoke hazards. This means installing smoke detectors and, where necessary, fire doors, fire alarms, fire escapes, and emergency lighting. Your local council will have to inspect and certify these fire safety safeguards each year.
• Electrical Safety – A qualified electrician must test and certify the HMO’s wiring every 5 years. On top of this, some councils require that all electrical devices you provide undergo regular portable appliance testing (PAT).

When it comes to repairs and ongoing maintenance, in an HMO the landlord is responsible for repairs to any communal areas. On top of this, they’re responsible for repairs to:

• The HMO’s structure and exterior – the walls, window frames, roof and gutters.
• All water and gas pipes. Plus, all basins, sinks, baths and toilets, and all radiators and water heaters.
• All electrical wiring.

For more information, see the Management of HMOs in England Regulations 2006.

Other HMO Regulations

One further HMO regulation is that all landlords must carry out a right to rent check on any adults living in their property. This is an immigration check, and you can learn more on Shelter’s website.

There are fines and penalties for failing to meet HMO rules. Fail to carry out annual gas safety checks, for example, and you could lose your HMO licence.

There are severe penalties for running an HMO without a licence, or for running an unlicenced HMO. These can include unlimited fines and, in severe cases, the council might even take over the management of the property.

Need More Guidance and Support With HMO Rules?

HMOs are as popular with landlords as they are with tenants. But for landlords, it can be challenging to ensure your accommodation meets the minimum legal HMO rules.

Work with Uni 2 Rent, and as part of our ongoing service to landlords, we’ll organise all certifications for your property. We’ll help you make sure that every room in your HMO meets the regulations. And on an ongoing basic, we’ll take care of any maintenance issues you might have in your properties.

Head here for more information on how we help make life as easy as possible for landlords in Nottingham.