Introduction

Houses in Multiple Occupation (HMOs) in London must comply with a range of legal requirements and safety standards to ensure the health and well-being of their residents. This document provides an overview of the essential regulations that landlords need to follow to lawfully manage an HMO in London.

Key Regulations and Standards

The Housing Act 2004

The Housing Act 2004 introduced the concept of Licensing for Houses in Multiple Occupation (HMOs), which is pivotal for landlords in London. Under this act, larger HMOs, typically those with three or more storeys and occupied by five or more people forming more than one household, are required to obtain a license from the local authority. This licensing aims to ensure that the property is managed properly and meets certain safety and health standards. The requirements include appropriate fire safety measures, adequate water supply and drainage, and suitable cooking and washing facilities. Landlords must also ensure that the property is not overcrowded and that the management of the house is up to standard. Failure to comply with these requirements can lead to significant penalties, including fines and possibly revocation of the license to operate the HMO.

Local Council Licensing

In addition to the overarching mandates set by The Housing Act 2004, local councils across London have the authority to implement their own HMO licensing schemes. These schemes often target smaller HMOs that do not meet the national mandatory licensing criteria, such as those properties with fewer stories or occupants. The specifics can vary significantly from one borough to another, reflecting the local housing needs and priorities. For example, some areas may require licensing for all HMOs, regardless of size, to address specific issues like anti-social behavior or to ensure higher quality living conditions. Landlords must check with their local council to understand the specific licensing requirements applicable to their properties. Compliance with local licensing schemes is critical, as failure to obtain the necessary license can result in hefty fines and enforcement action.

Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018

Minimum Room Sizes

Under the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, specific minimum room sizes are enforced to ensure adequate living space for tenants. Bedrooms in HMOs must meet the following size requirements:

• For a single adult (over the age of 10), the room must be no smaller than 6.51 square meters (70 square feet).
• For two adults, the room size should be at least 10.22 square meters (110 square feet).
• For children under the age of 10, the minimum room size is 4.64 square meters (50 square feet).

These size regulations are established to prevent overcrowding and ensure that each tenant has a reasonable amount of personal space. Landlords must comply with these standards to receive and maintain their HMO license.

Management of Houses in Multiple Occupation (England) Regulations 2006

Escape Routes and Fire Safety

Ensuring the safety of residents in the case of fire is paramount. Landlords are required to provide safe and accessible escape routes at all times. This includes keeping exits clear of obstructions, adequately lighting escape routes, and ensuring that fire doors are in proper working condition. Fire safety measures must be evaluated and certified by competent professionals annually to protect residents' well-being.

Gas Safety Regulations

Landlords must adhere to stringent gas safety regulations to prevent accidents and health issues. This entails annual checks and certifications of all gas appliances by a Gas Safe registered engineer. Landlords are obligated to maintain accurate records of safety inspections and to furnish tenants with a copy of the gas safety certificate within 28 days of the inspection or before the tenant moves in.

Sanitary Amenities

The provision of adequate sanitary amenities is essential for maintaining a healthy living environment. Each HMO is required to have a suitable number of bathrooms and kitchens relative to the number of occupants, to prevent hygiene issues and ensure the comfort of all residents. Specifically, regulations mandate at least one bathroom for every four tenants and sufficient cooking and food storage facilities for the household's needs. Landlords must ensure these amenities are kept in good repair and meet health and safety standards.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, landlords are required to install at least one smoke alarm on every storey of their properties that is used as living accommodation. In addition, they must ensure a carbon monoxide alarm is present in any room containing a solid fuel burning appliance (e.g., coal fire, wood burning stove). These alarms must be tested and confirmed to be in working order on the day a new tenancy begins. Failure to comply with these regulations can result in a fine of up to £5,000. This requirement is designed to enhance the safety of tenants by ensuring early detection of smoke or carbon monoxide, which can be life-saving in the event of a fire or gas leak.

Target Audience

• Landlords: Individuals and companies renting out HMO properties.
• HMO Residents: Tenants living in shared housing arrangements.
• Local Councils: Authorities responsible for enforcing HMO standards within their jurisdictions.
• First-time Landlords: Novice property owners entering the rental market.

Compliance Requirements

To meet London's HMO standards, landlords must ensure compliance with the following:

• Fire Safety: Proper installation and maintenance of fire detection systems, clear escape routes, and fire-resistant doors.
• Space and Amenities: Adherence to minimum room sizes and provision of adequate kitchen and bathroom facilities for residents.
• Property Management: Regular property inspections, maintenance of utilities, and attention to overall building conditions.
• Landlord Suitability: Background checks and qualifications for managing an HMO properly.

Importance of Adherence

Adherence to these regulations is paramount, not only for the safety and well-being of tenants but also to avoid substantial fines and legal repercussions. Landlords found to be in violation of HMO standards can face fines of up to £20,000 per offence, with the possibility of unlimited fines for more serious breaches. These fines serve as a strong deterrent against non-compliance and underscore the seriousness with which local councils treat the enforcement of HMO standards. Non-compliance can also result in criminal records for landlords, further emphasizing the importance of adhering to all regulatory requirements.

Conclusion

Compliance with HMO regulations is paramount to providing safe and satisfactory living conditions and avoiding legal and financial ramifications. Landlords should stay informed about ongoing legislative changes and their responsibilities.

Compliance Resources

1. Official Guidance on HMO Licensing and Management Regulations - Legal requirements and best practices for HMO licensing.
2. Fire Safety in the Home: Landlords' Guide - A comprehensive guide on the fire safety measures landlords should undertake.
3. HMO Minimum Room Size and Amenity Standards - Defined room sizes and essential amenities for HMO licensing.
4. Gas Safety in HMOs - HSE guidelines for maintaining gas safety in HMOs.
5. HMO Management Regulations Checklist - A checklist covering key points for HMO management, for self-assessment purposes.