In general terms an HMO is any privately rented property which accommodates 3 or more people who form 2 or more households and who share one or more basic amenities such as a kitchen or bathroom.
Some HMOs are required to be licensed under national legislation. ‘Mandatory HMO licensing’ came into force in 2006 and originally applied to HMOs of three storeys or more, with five or more people making up two or more separate households. However the Government has now widened the scope of mandatory HMO licensing and, from 1 October 2018, most HMO properties that house 5 or more people will require an HMO licence.
This revised definition will include:
· All houses and individual converted flats accommodating 5 or more persons that form 2 or more households and share facilities and;
· Some purpose-built flats
The revised definition will not include;
· HMOs within purpose built flats in a block containing 3 or more purpose-built flats;
· HMOs occupied by 3 or 4 persons;
Transitional arrangements for HMOs already licensed under an existing licensing scheme
Some landlords who already have a private rented licence under the Council’s selective licensing schemes will have properties that now come under the extended scope of mandatory HMO licensing. Under transitional arrangements, such landlords do not need to reapply for a licence until their existing licence expires.
In such cases, the existing selective licence remains valid and, at this stage, no application for an HMO licence needs to be made*
* These transitional arrangements do not apply to any properties granted a selective licence but where the property is a mandatory HMO as per the definition prior to 1 October 2018 i.e. 3 or more floors, 5 or more people forming 2 or more households
Upon expiry of the current licence the landlord will need to apply for a licence under Part 2 of the Act if the property continues to be occupied as a mandatory HMO.
This extension of HMO licensing will come into force from 1st October 2018
Any landlords of unlicensed HMOs should make their applications now to ensure that they are complying with the new HMO rules before the changes take place. For further information please visit the Council website or go to https://www.gov.uk/government/publications/houses-in-multiple-occupation-and-residential-property-licensing-reform-guidance-for-local-housing-authorities where you can view the Government Guidance.
Article from Waltham Forest Council. https://content.govdelivery.com/accounts/UKWALTHAM/bulletins/20d02eb