Changes to house in multiple occupancy
From the 1st October 2018 new rules for a house in multiple occupancy (HMO) licencses will be will be changing.
The changes to the Housing Act 2004 extend mandatory licensing to include any HMO occupied by 5 or more people in 2 or more households, where householders lack or share facilities, this includes:
- A building
- A converted flat
- Purpose built flats (with up to 2 flats in the block and any which are occupied as a HMO)
The three storey regulation has been removed and is no longer a requirement.
HMO Licensing conditions
As from 1st October you will need to ensure that these conditions are met:
- The floor area of any room in a HMO used as sleeping accommodation by 1 person aged over 10 years is not less than 6.51m²
- The floor area of any room in a HMO used as sleeping accommodation by 2 persons aged over 10 years is not less than 10.22m²
- The floor area of any room in a HMO used as sleeping accommodation by 1 person aged under 10 years is not less than 4.64m²
- Any room in a HMO with a floor area of less than 4.64m² is not used as sleeping accommodation
Floor areas with a ceiling height of less than 1.5m can’t be counted in any total floor area calculation. A room which is a bedroom will be used as a sleeping accommodation; this applies whether or not it has a different purpose.
Where a breach is found to exist regarding room sizes, local authorities will be able to grant a period not exceeding 18 months to make correct changes.
Additionally, a further condition will be included ensuring that landlords of licensed HMOs comply with any relevant local authority waste scheme relating to the storage and disposal of household waste at the HMO pending collection.
Detailed guidance for local authorities has been published on GOV.UK.
Preparing for changes to HMO licensing
You can apply for a HMO license in relation to the new rule. Your application will need to include these supporting documents:
- Gas safety certificate
- Electrical safety certificate
- Energy performance certificate
- Written fire risk assessment
- Portable appliance test certificate (for appliances supplied with the property)
- Plan of the property showing room sizes and numbers of rooms
You will also need to ensure you meet the amenity standards that currently apply for a HMO licence.
For more information or to discuss specific HMO Licensing queries you can contact us at HMOlicensing@selby.gov.uk
- Apply to licence a house in multiple occupation
- Apply to change a licence for a house in multiple occupation
Our enforcement regime is set out in our houses in multiple occupancy (HMO) enforcement policy - pdf.
Will tacit consent apply?
No. It is in the public interest that Selby District Council must process your application before it can be granted. If you have not heard from us within 14 days, please contact us. You can do this online if you applied through the GOV.UK website.
Failed Application Redress
Please contact Selby District Council in the first instance. You may appeal to a residential property tribunal. Any appeal must be made within 28 days of the decision being made.
License Holder Redress
Please contact Selby District Council in the first instance. You may appeal to a residential property tribunal regarding conditions attached to a license or any decision to vary or revoke a licence. Any appeal must be made within 28 days of the decision being made.
If a licence is granted and you wish to appeal against it being granted you may do so to a residential property tribunal within 28 days of the decision being made.