Multiple Occupancy Homes
Houses in Multiple Occupation (HMO) is a term used to define
types of letting that comprise bedsits, shared houses, hostels and
some converted self contained flats that do not meet current
Building Regulations standards.
Bedsit living in Bedford usually means living
in rooms in a large 3 storey Victorian house.
The definition of an HMO is found in the Housing Act 2004, section
254 and Schedule 14.
Definition of House in Multiple Occupation -
Summary
“House in Multiple Occupation” means a building, or part of a
building (e.g. a flat):
which is occupied by more than one household
and in which more than one household shares an amenity (or the
building lacks an amenity) such as a bathroom, toilet or cooking
facilities; or,
which is occupied by more than one household
and which is a converted building which does not entirely comprise
self contained flats (whether or not there is also a sharing or
lack of amenities); or
which comprises entirely of converted self
contained flats and the standard of conversion does not meet, at a
minimum, that required by the 1991 Building Regulation and more
than one third of the flats are occupied under short tenancies.
And is 'occupied' by more than one
household:
as their only or main residence , or,
as a refuge by persons escaping domestic
violence, or,
during term time by students, or,
for some other purpose that is prescribed in
regulations.
And the households comprise:
families (including foster children, children
being cared for) and current domestic employees,
Single persons’
Co-habiting couples (whether or not of the
opposite sex).
Until the 2004 Housing Act there had been a
lot of confusion and contradictory case law on this subject which
had made enforcing the important laws relating to HMOs very
difficult. The new Act tightened up the definition. The main
element of the definition is that, in order for a house to be an
HMO, there must be some sharing of facilities (baths, WCs and
kitchens).
The exception to this rule is for pre 1991self contained flat
conversions. Some of the conversions were carried out well before
modern Building Regulations specified the correct fire resistance
and noise insulation (1991) required to ensure an appropriate
building standard. Such conversions may require updating to ensure
the welfare and safety of occupiers so the Act gives Councils
essential powers if more than 1/3rd of the flats are occupied on
shorthold tenancies.
If you need help or want to understand more
about houses in multiple occupation contact the HMO hotline on
01234 221763 for assistance.