HMO Licences
There are three different types of licences: Mandatory, Additional and Selective. Mandatory and Additional Licensing is relevant to HMOs. These are considered in more detail below.
When deciding on an application, a local authority will have regard to a number of factors, including:
A Licence may then be issued unconditionally or with specified conditions. The provisional view is passed to all relevant parties and subject to representations, a final decision is made.
It should be noted that guidance issued by a local authority is precisely that guidance.
Nationally set standards are enforceable as standards, by comparison.
Mandatory Licences
Every property consisting of 3 or more storeys with 5 or more occupants forming more than one household must have a licence unless a Schedule 14 exemption applies. This is a nationwide requirement for all properties which meet the criteria.
What counts as a storey?
Any basement or loft counts as a storey if used for living accommodation, or if it is used in connection with and as an integral part of the HMO.
Any other storey used wholly or partly used as living accommodation or used in connection with and as an integral part of the HMO must also be counted.
***If the accommodation is below or above business premises, each storey used as business premises must be counted. Thus, a two storey maisonette above a shop is a three-storey property for the purposes of HMO licensing.***
However, residential storeys outside the HMO are not included, so a flat in multiple occupation in a three-storey block of flats does not have to be licensed.
What counts as a household?
A household comprising a couple or people who are related as parents, children, siblings, grandparents, grandchildren, cousins, aunts, uncles, nieces and nephews, whether by blood relation or as foster, step or half relationships, are all treated as one household.
In-laws cannot be counted within the list for the purposes of a single household. (good news..?)
Personal employees who perform domestic work and live on the premises as part of their employment count as part of the one household. (providing the employees do not pay rent for the room)
Additional Licensing
This licensing is for ‘smaller’ HMOs; that is to say, smaller than the 3 storey, 5 occupant ‘mandatory’ HMO. In addition to mandatory licensing, local authorities have the power to bring in Additional Licensing. Each local authority can set their own criteria so you must check the local authority website to see if your property might be covered.
Additional licensing can only be brought into place if the local authority can show that they have a significant problem with HMOs which they can improve by additional licensing AND if they have consulted on the matter.
Local authorities can designate certain, specific ‘problem’ areas as being subject to additional licensing or they can specify a type of property.
If you have been refused a HMO Licence or dispute the conditions attached to the licence, please call on 0207 404 1147 to see how we can help.
When deciding on an application, a local authority will have regard to a number of factors, including:
- the condition of the property (viewed against national and local guidelines)
- the suitability (“fit and proper”) of both the proposed licence holder and the manager of the property
A Licence may then be issued unconditionally or with specified conditions. The provisional view is passed to all relevant parties and subject to representations, a final decision is made.
It should be noted that guidance issued by a local authority is precisely that guidance.
Nationally set standards are enforceable as standards, by comparison.
Mandatory Licences
Every property consisting of 3 or more storeys with 5 or more occupants forming more than one household must have a licence unless a Schedule 14 exemption applies. This is a nationwide requirement for all properties which meet the criteria.
What counts as a storey?
Any basement or loft counts as a storey if used for living accommodation, or if it is used in connection with and as an integral part of the HMO.
Any other storey used wholly or partly used as living accommodation or used in connection with and as an integral part of the HMO must also be counted.
***If the accommodation is below or above business premises, each storey used as business premises must be counted. Thus, a two storey maisonette above a shop is a three-storey property for the purposes of HMO licensing.***
However, residential storeys outside the HMO are not included, so a flat in multiple occupation in a three-storey block of flats does not have to be licensed.
What counts as a household?
A household comprising a couple or people who are related as parents, children, siblings, grandparents, grandchildren, cousins, aunts, uncles, nieces and nephews, whether by blood relation or as foster, step or half relationships, are all treated as one household.
In-laws cannot be counted within the list for the purposes of a single household. (good news..?)
Personal employees who perform domestic work and live on the premises as part of their employment count as part of the one household. (providing the employees do not pay rent for the room)
Additional Licensing
This licensing is for ‘smaller’ HMOs; that is to say, smaller than the 3 storey, 5 occupant ‘mandatory’ HMO. In addition to mandatory licensing, local authorities have the power to bring in Additional Licensing. Each local authority can set their own criteria so you must check the local authority website to see if your property might be covered.
Additional licensing can only be brought into place if the local authority can show that they have a significant problem with HMOs which they can improve by additional licensing AND if they have consulted on the matter.
Local authorities can designate certain, specific ‘problem’ areas as being subject to additional licensing or they can specify a type of property.
If you have been refused a HMO Licence or dispute the conditions attached to the licence, please call on 0207 404 1147 to see how we can help.