Licensing of Houses in Multiple Occupation

HOUSING ACT 2004

The Housing Act 2004 came into effect on 6 April 2006. This new Act requires Local Authorities to licence certain types of houses which are in multiple occupation. Houses in Multiple Occupation (HMO) include those occupied by persons who do not form a single household and are not totally self contained. A mandatory licensable HMO will include those of 3 or more storeys and with 5 or more persons in more than one household. Qualifying HMO's must have a Licence to operate and this will cover:

• The condition of the property
• Management conditions
• Amenities
• Occupation restrictions
• Behaviour of residents and
• Required works & deadlines.

It will be an offence to operate without a licence or to fail to comply with conditions. The Licence holder and any agent must be deemed a fit and proper person and satisfactory management arrangements in place.

For more detailed information, please download a copy of 'Guide to HMO Licensing'

If you require more information/guidance as to whether your property needs a licence, please complete our downloadable questionnaire and return it to our Technical Officers who will be able to give you the correct advice.

Downloadable HMO Licence Application Forms

Guidance information for HMO licensing

HMO Licensing Application Form

HMO checklist of enclosures

HMO licence fee information

Other key parts of the Housing Act 2004 will replace current legislation dealing with housing conditions and repair.

Click here to view 'Landlord's Guide to the Housing Act 2004'.

List of Licensed HMO’s in Dartford Borough

Further information

Houses in Multiple Occupation (HMO) from the Communities and Local Government

Licensing of Houses in Multiple Occupation in England: A guide for tenants

Licensing of Houses in Multiple Occupation in England A guide for landlords and managers

LATEST NEWS:

There were two views on licensing self contained flats; they are that a flat will need to be licensed if:

1) the flat itself comprises three storeys, or the flat is above or below business premises in a three storey building by virtue of SI371 Regulation 3 (3c and d)

(2) The flat is within a three or more storey building, where the storeys above or below the flat are occupied as other self contained flats or as business premises.

On Friday 27th June 2008 Gloucester Crown Court dismissed an appeal against the prosecution of a landlord by Cotswold District Council for running an unlicensed HMO which as a result upholds the second view point listed above.

The HMO was a three storey property,with a self-contained flat on the ground floor. The firstfloor and converted attic were occupied by five tenants in more than two households. The case confirms that, under a mandatory licensing scheme, anystoreys containing self-contained flats need to be counted when assessingwhether anHMO should be licensed.This case is the first to make case law for HMO licensing; it clarifies the law and means that the flat itself does not have to comprise of three storeys to need a licence, but will need a licence if it is in a building of three or more stories.

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