Houses in Multiple Occupation
National Licensing Scheme
All houses and flats let in multiple occupation must be properly managed in accordance with The Management of Houses in Multiple Occupation (England) Regulations 2006 SI 2006/372 and comply with local authority conditions. Furthermore, from April 2006 it became mandatory to license larger, higher-risk houses in multiple occupation. The mandatory scheme will include all rented properties of 3 or more storeys containing 5 persons or more, comprising of more than one household.
The license application fee for Kettering is currently £711.00 for a 5 year licence.
Landlords with licensable properties who fail to apply for a license may face fines of up to £20,000, a criminal record and potentially rent repayment orders and a management order where the Council takes control of the property.
The Government definition of a house in multiple occupation (HMO) can be found here and additional information/resources for HMOs are available on the DASH website here.
Exemptions from HMO definition
Certain types of buildings will not be defined as HMOs for the purpose of the Housing Act 2004, other than Part one (Health Housing Safety Rating System) and are, therefore, not subject to licensing. These include those:
- buildings, or parts of buildings, occupied by no more than two households each of which comprise a single person (i.e. two person flat shares').
- buildings occupied by a resident landlord with up to 2 tenants.
- managed or owned by a public body (such as the police or the NHS) or an LHA or a Registered Social Landlord.
- where the residential accommodation is ancillary to the principal use of the building e.g. religious establishments, conference centres etc.
- student halls of residence, where the education establishment has signed up to an Approved Code of Practice.
- buildings regulated otherwise than under the Act, such as care homes, bail hostels etc, and the description of which are specified in regulations.
- buildings entirely occupied by freeholders or long leaseholders.
The local authority has the discretion to set amenity and space standards for licensable Houses in Multiple Occupation . The standards include:
1. means of escape in case of fire
2. sharing of amenities
3. overcrowding (room sizes)
4. compliance with Management Regulations.
Houses in Multiple Occupation Management Regulation
More information on the Management of Houses in Multiple Occupation (England) Regulations 2006 can be found here
HMO Public Register
The Public Register of Houses in Multiple Occupation for Kettering Borough can be downloaded here