Guidelines on requirements for all types of HMO

Introduction - What is an HMO? (House in Multiple Occupation)

The Housing Act 2004 defines HMOs as:

For the purposes of the Housing Act 2004 (the Act) a building or a part of a building is a “house in multiple occupation” if—

(a) it meets the conditions in “the standard test”;

(b) it meets the conditions in the “self-contained flat test”;

(c) it meets the conditions in “the converted building test”;

(d) it is a converted block of flats to which section 257 applies

 

A building or a part of a building meets the standard test if—

(a) it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;

(b) the living accommodation is occupied by persons who do not form a single household (see section 258 of the Act);

(c) the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259 of the Act);

(d) their occupation of the living accommodation constitutes the only use of that accommodation;

(e) rents are payable or other consideration is to be provided in respect of at least one of those persons’ occupation of the living accommodation; and

(f) two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities

 

A part of a building meets the self-contained flat test if—

(a) it consists of a self-contained flat; and

(b) paragraphs (b) to (f) above apply (reading references to the living accommodation concerned as references to the flat).

 

A building or a part of a building meets the converted building test if—

(a) it is a converted building;

(b) it contains one or more units of living accommodation that do not consist of a self- contained flat or flats (whether or not it also contains any such flat or flats);

(c) the living accommodation is occupied by persons who do not form a single household (see section 258);

(d) the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);

(e) their occupation of the living accommodation constitutes the only use of that accommodation; and

(f) rents are payable or other consideration is to be provided in respect of at least one of those persons’ occupation of the living accommodation.

 

A building is a converted blocks of flats that section 257 of the Act applies if-

(a) a building or part of a building which has been converted into, and consists of, self-contained flats.

(b) building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them; and

(c) less than two-thirds of the self-contained flats are owner-occupied.

For a converted block of flats where building work was completed before 1st June 1992 “appropriate building standards” means regulation 20 of the Building Regulations 1991 (S.I. 1991/2768), or regulations under section 1 of the Building Act 1984 (c. 55).

1.0 Occupation

1.1  The maximum permitted number of persons for each room is calculated having regard to the floor area of the room.

1.2  The calculation is based on the space standard provided in the Housing Act 1985 for overcrowding and The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 which sets out minimum room standards.

NOTE: Usable floor area – only the floor area that has a ceiling height of at least 1.5m or more is considered usable

1.3  Regardless of the floor area of a room there may be other factors, such as available amenities (i.e. the number of WCs, bathrooms, shared living space and kitchens available to occupiers), which do not allow every room to be used to its full capacity.

1.4  A calculation should be made considering the available amenities in the property and then the usable floor areas of the rooms. The lower of the two numbers will be the number of people permitted to occupy the property and therefore not all the rooms will be available for occupancy at the levels indicated by the floor areas.

1.5  If any room in the house is over-occupied then steps should be taken to reduce the number of occupiers in that room.

1.6  If the house itself is over-occupied then steps should be taken to reduce the number of occupiers in the house as a whole.

1.7  It may not be necessary to instigate eviction in all cases. In some cases it may be possible to carry out works that mean the property can be made suitable for the number of occupiers. However if works are not possible or feasible then there is an expectation that future occupation will be at the agreed level.

NOTE: Any eviction proceedings that result as a consequence must be carried out in accordance with all relevant landlord and tenant law.

Guide to room sizes

 

 

2.2  The following statement of terms has been produced by the Ministry of Housing, Communities and Local Government.

The terms should also include clauses on antisocial behaviour, waste management and tenant responsibilities.

3.0 Anti-social behaviour

3.1  “Anti-social behaviour” means conduct on the part of occupiers of, or visitors to, the house:

(a)  which causes or is likely to cause a nuisance or annoyance to persons residing, visiting or otherwise engaged in lawful activities in the vicinity of the house, or

(b)  which involves or is likely to involve the use of the house for illegal purposes.

3.2  All reasonable steps should be taken to tackle any anti-social behaviour being perpetrated by occupiers of, and/or visitors to, the house. The reasonable steps should be appropriate and proportional.

3.3  Co-operation with the Police and Council officers is important where reports of anti-social behaviour have been made in respect of the house.

3.4  Procedures should be in place to deal with any occupier of, or visitor to, the house who perpetrates anti-social behaviour.

3.5  The written statement of terms should include a clause, or clauses, requiring every occupier of the house to refrain from anti-social behaviour and to take all reasonable steps to prevent their visitors from engaging in anti-social behaviour.

 

4.0 Waste management

4.1  There should be a suitable number and type of receptacles outside the property for the storage and disposal of household waste and recycling produced by the occupiers of the house.

4.2  The written statement of terms should include a clause requiring every occupier of the house to store and dispose of their refuse in a responsible manner in accordance with the arrangements put in place.

4.3  At the beginning of each occupancy ensure that the occupier is made aware of the refuse collection arrangements for the house.

4.4  Waste disposal and recycling arrangements must comply with any scheme which is provided by the local housing authority.

4.5  Clearly display a copy of the refuse and recycling arrangements in the common areas.

4.6  Ensure that any garden, yard, alleyway or forecourt associated with the house is kept clear of litter, refuse, builder’s debris, and any unwanted items, such as discarded furniture and household appliances.

 

5.0 General maintenance

5.1 The house must be maintained in good order and repair at all times.

5.2 There must be arrangements in place for dealing with emergency repairs and provide the occupiers of the house with full details of them.

5.3 A response should be made within 14 days following the reporting of any deficiency or disrepair at the house that does not constitute an emergency. When remedial works are necessary, they should be carried out to a good standard and completed within reasonable timescales by competent persons.

5.4 The internal communal areas should be regularly cleaned and kept free from refuse and litter.

5.5 The internal communal areas should be maintained in good and clean decorative repair.

5.6 All handrails and banisters provided in the communal areas should be kept in good repair. 

5.7 Stair coverings within the communal areas should be safely fixed and kept in good repair.

5.8 All windows and doors should be kept in good repair.

5.9 The communal areas should be fitted with light fittings that illuminate the entire stairway from any switch, at all times.

5.10 Where the light switch is on a timer this should be set to allow sufficient time for the occupiers to reach their accommodation or exit the common areas before the light switches off.

5.11 Any outbuildings, yards, gardens, alleyways, forecourts, boundary walls, fences and railings associated with the house should be maintained in a safe and good condition.

5.12 All external parts of the house should be kept in good decorative repair.

5.13 The drainage system serving the house must be maintained in a good, clean and working condition.

 

6.0 Kitchen facilities

6.1 The layout of the kitchen must be set out to allow the safe use of all equipment and the safe transfer of hot food and liquids.

6.2 Each shared kitchen must be provided with the following kitchen facilities and equipment for every 5 people:

(a)  A sink with draining board, a constant supply of hot and cold water and proper provision for drainage;

(b) Work surfaces for the preparation of food, there should be at least 2.5 metres of worktop space in total that is clear and uncluttered;

(c) Storage cupboards for food and cooking equipment should be lockable, there should be at least 2 x 500mm cupboards per household; ideally at least one base unit and one wall unit if possible.

(d)  A four-ring standard cooker (or a separate four-ring hob and oven), a microwave, a kettle, a toaster, a refrigerator and a freezer (or combined fridge/freezer appliance);

(e)  There should be a sufficient number of electrical sockets to allow all appliances to be safely plugged in, with at least one spare double socket; 

(f)  Non-slip and easy to clean floor coverings;

(g) Appropriate receptacles for waste and/or refuse disposal facilities;

(h) A mechanical extractor fan or cooker hood which vents to outside air;

(i) An approved fire blanket fixed to the wall adjacent to the cooking facilities (but not directly above the cooker);

6.3 Shared kitchens must be cleaned thoroughly on a regular basis. Arrangements should be in place to ensure the kitchen is kept clean.

6.4 Where there are no shared kitchen facilities, each unit of accommodation must be provided with the following kitchen facilities and equipment:

(a) A sink with draining board, a constant supply of hot and cold water and proper provision for drainage;

(b) Work surfaces for the preparation of food, there should be at least 1 metre of unobstructed worktop space;

(c) Storage cupboards for food and cooking equipment;

(d) A space for a cooking appliance with electric or gas point, space for a refrigerator with an electric point;

(e) There should be a sufficient number of electrical sockets to allow all appliances to be safely plugged in such as kettle, toaster or microwave;

(f) Non-slip and easy to clean floor coverings;

(g) Appropriate receptacles for waste and/or refuse disposal facilities;

(h) A mechanical extractor fan or cooker hood which vents to outside air;

(i) An approved fire blanket fixed to the wall adjacent to the cooking facilities (but not directly above the cooker);

6.5 All facilities and equipment must be fit for purpose and maintained in a safe working condition.

 

7.0 Wash basins within units of accommodation

7.1 Where there is a wash-basin provided it must have a constant supply of hot and cold water and the proper provision for drainage. Each wash-basin must have an adequate splash back.

7.2 Wash-basins must be fit for purpose and maintained in proper working order.

 

8.0 Bathrooms

8.1 Shared bathroom facilities should be shared by no more than five people. There must be provision of additional bathrooms or showers where there are more than five people sharing.

8.2 All bathrooms must contain a fixed bath or shower.

8.3 Bathrooms that contain a WC must also contain a wash-basin.

8.4 All fixed baths, showers and wash-basins provided in a bathroom must be kept in good repair and proper working order and be maintained with a constant supply of hot and cold water and proper provision for drainage.

8.5 All bathrooms must have flooring that is non-slip, easy to clean and water resistant, there must be a form of fixed heating, wet areas must be properly tiled and there must be a form of ventilation which vents to outside air.

8.6 Shared bathrooms should be cleaned thoroughly on a regular basis. Arrangements should be in place to ensure the bathroom is kept clean.

 

9.0 Toilets

9.1 All toilets provided in the house must be kept in good repair and proper working order, and be maintained with a constant supply of water and proper provision for drainage.

9.2 Separate toilets must contain a wash-basin provided with a constant supply of hot and cold water, proper provision for drainage. Each wash-basin must have a splash back

9.3 Separate toilets should contain a form of ventilation to the outside air

9.4 Shared toilets should be cleaned thoroughly on a regular basis. Arrangements should be in place to ensure the toilet is kept clean.

 

10.0 Space Heating

10.1   Every unit of accommodation in the house must be provided with an adequate and affordable means of fixed space heating.

10.2  All rooms must be capable of being economically heated to a temperature of 21oC when the outside temperature is -1ºC using only the fixed space heating installation.

10.3  All occupiers must be able to control the heat output of the space heating installation provided within their units of accommodation.

10.4  All fixed space heating provided in the house must be available at all reasonable times throughout the year and be kept in good repair and proper working order.      

 

11.0 Carbon monoxide alarms

11.1 Ensure that a carbon monoxide alarm is installed in any room that contains a solid fuel burning combustion appliance.

11.2 A carbon monoxide alarm should be installed where there is a gas appliance.

11.3  Keep the alarms in proper working order

NOTE: The best place to put a Carbon Monoxide alarm is at head height between one and three meters away from the appliance. Refer to the manufacturer’s guidance for installation.

  

12.0 Security

12.1 All doors and windows provided in the house must be maintained with appropriate security measures.

12.2 Where windows have been fitted with key-operated locks, the occupier(s) must be supplied with the keys.

 

13.0 Furniture safety

13.1 Any furniture provided in the house must be kept in a safe condition and comply with The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993).

 

14.0 Electrical safety (electrical installations)

14.1 All electrical installations provided in the house must be kept in a safe condition and good and proper working order.

14.2 The electrical installation should be inspected by a competent electrical engineer every 5 years and all faults rectified.

 

15.0 Electrical safety (portable appliances)

15.1 Any electrical appliances provided in the house should be kept in a safe condition and be inspected by a competent electrical engineer every 5 years. A portable appliance test (‘’PAT’’) certificate should be provided for all electrical appliances. Any appliance that fails the test must be replaced.

 

16.0 Gas safety

16.1 Any gas installations provided in the house must be kept in a safe condition and inspected by a gas safe engineer on an annual basis. Certification is required to ensure the installation is safe and any faults identified must be rectified.

 

17.0 Maintain water supply and Drainage

17.1 The water supply and drainage system serving the house must be maintained in good, clean and working condition.

17.2 Any water fitting which is liable to damage by frost must be protected from frost damage

 

18.0 Fire risk assessments

18.1 The Regulatory Reform (Fire Safety) Order 2005 (“the FSO”) applies to houses in multiple occupation. The FSO requires the responsible person to undertake a fire risk assessment of the house to identify fire precautions needed to ensure, as far as is reasonably practicable, the safety of relevant persons from fire.

 

19.0 Fire safety

19.1 As a minimum there must be a smoke alarm installed on each storey and each alarm must be kept in proper working order.

19.2 Any firefighting equipment and all fire alarm systems provided in the house should be regularly inspected and serviced by competent persons on an annual basis. They should be kept in good repair and proper working order.

19.3 All communal areas forming the means of escape should be provided with emergency lighting which complies with the latest Code of practice for the emergency lighting of premises. The emergency lighting system must be capable of illuminating the escape route sufficiently to enable the safe movement of persons towards and through the exits provided to a place of safety, and illuminate any fire alarm call points so that they can be readily located.

19.4 All means of escape from fire must be kept clear and free from obstruction.

19.5 The final exit doors from the house must be easily and immediately openable from the inside without the use of a key.

  

20.0 Types of fire alarms

20.1 The following national guidance provides advice on fire safety precautions in houses in multiple occupation - LACORS (Local Authorities Coordinators of Regulatory Services) Housing - Fire Safety Guidance on fire safety provisions for certain types of existing housing. This document should be consulted when determining the most appropriate form alarm system.

20.2 It is recommended that a specialist fire safety consultant is used to design and commission an appropriate system for the property.

 

21.0 Summary of fire precautions

Shared house- up to 2 storeys

Escape Route

To be sound, conventional construction.

Should not pass through high risk rooms.

Where construction standards are poor, travel distances are long or other high risk factors are present, a 30 minute protected route may be required.

Escape windows from living or bedrooms can be used. Escape windows must have minimum dimensions of 450mm by 450mm AND provide at least 0.33m² openable area. It cannot be used if the drop is 4.5m or greater.

 

Fire doors

Doors must be sound, well-constructed and close fitting.

Where construction standards are poor, travel distances are long or other high risk factors are present, a 30 minute protected route may be required.

 

Fire separation

Walls and floors should be of sound conventional construction.

If a basement is present, 30 minute fire separation between the cellar and the ground floor escape route is required.

 

Fire detection and alarm

Grade D, LD3 should be provided.

Where there is a cellar additional interlinked smoke alarm with integral battery back-up should be located in any cellar.

Interlinked mains wired smoke alarms with integral battery backup located in the escape route at all floor levels.

Additional interlinked heat detector with integral battery backup located in the communal kitchen.

Additional interlinked smoke alarms with integral battery backup located in the lounge.

 

lighting of escape routes

Conventional artificial lighting.

Shared house - up to 3-4 storeys

Escape route

30 minute protected route

Ideally the escape route to be enclosed in 30 minute fire resisting construction and FD30 fire doors. However, in existing three storey shared houses of low risk it may be possible to accept existing walls and partitions if 20 minute fire resistance can be achieved. This is likely to be met if walls and partitions are of sound, conventional construction. Doors may be acceptable if they are sound, solid construction and are close fitting and self-closing.

 

Fire doors

Doors must be FD30 to all risk rooms.

FD 30 is a door that provides 30 minute fire resistance.

The door, door fixings and framework must also provide 30 minute fire resistance and be installed and maintained in accordance with BS 8214:1990.

 

Fire separation

Walls and floors should be of sound conventional construction.

If a basement is present, 30 minute fire separation between the cellar and the ground floor escape route is required.

 

Fire detection and alarm

Grade D, LD3

Where there is a cellar additional interlinked smoke alarm with integral battery back-up should be located in any cellar.

Interlinked mains wired smoke alarms with integral battery backup located in the escape route at all floor levels.

Additional interlinked heat detector with integral battery backup located in the communal kitchen.

Additional interlinked smoke alarms with integral battery backup located in the lounge.

 

Lighting of escape route

Emergency escape lighting is required if the route is long and complex or where there is no effective borrowed light.

Conventional artificial lighting is required.

Shared house HMO up to 5- storeys

Bedsit type HMO 3-4 storeys

Escape route

30 minute protected route

 

Fire doors

Doors must be FD30S to all risk rooms

FD 30 is a door that provides 30 minute fire resistance. An FD30S is a door that provides 30 minute fire resistance and has smoke seals. The door, door fixings and framework must also provide 30 minute fire resistance and be installed and maintained in accordance with BS 8214:1990

Fire doors must have a self-closer that brings the door to a close into the latch when left open

 

Fire separation

Walls and floors should be of sound conventional construction

 

Fire detection and alarm

Mixed system Grade A, LD2 with smoke detectors located throughout the escape route -

Where cooking in bedsits:

• Interlinked smoke alarms with integral battery backup located in each bedsit.
• Additional grade D, non-interlinked smoke alarm with integral battery backup located in each bedsit.

Where cooking in shared kitchen:

• Interlinked smoke alarms with integral battery backup located in each bedsit.
• Additional interlinked heat detector with integral battery backup located in the communal kitchen.
• Additional interlinked smoke alarms with integral battery backup located in the lounge.
• Additional interlinked smoke alarm with integral battery back-up located in any cellar.

 

Lighting of escape routes

Emergency escape lighting is required if the route is long and complex or where there is no effective borrowed light.

Conventional artificial lighting is required.

 

Bedsit type HMO 5-6 storeys

Escape route

30 minute protected route.

5 Storeys – lobby protection to all floors except the top floor or secondary escape from the top floor.

6 storeys – lobby protection to all floors except the top floors and secondary means of escape from top two floors.

 

Fire doors

Doors must be FD30S to all risk rooms

FD 30 is a door that provides 30 minute fire resistance. An FD30S is a door that provides 30 minute fire resistance and has smoke seals. The door, door fixings and framework must also provide 30 minute fire resistance and be installed and maintained in accordance with BS 8214:1990.

Fire doors must have a self-closer that brings the door to a close into the latch when left open.

 

Fire separation

30 minute fire separation between units of accommodation throughout.

30 minute lateral fire separation across the stairway between second and third floor and between fourth and fifth floors.

 

Fire detection and alarm

Mixed system Grade A, LD2

Where cooking in bedsits:

• Interlinked smoke alarms with integral battery backup located in each bedsit
• Additional grade D, non-interlinked smoke alarm with integral battery backup located in each bedsit

Where cooking in shared kitchen:

• Interlinked smoke alarms with integral battery backup located in each bedsit
• Additional interlinked heat detector with integral battery backup located in the communal kitchen
• Additional interlinked smoke alarms with integral battery backup located in the lounge
• Additional interlinked smoke alarm with integral battery back-up located in any cellar

 

Lighting of escape routes

Emergency escape lighting is required if the route is long and complex or where there is no effective borrowed light.

Conventional artificial lighting is required.

 

22.0 Useful contacts

• Fire safety

Devon & Somerset Fire & Rescue 

01392 357200

exeterfs@dsfire.gov.uk

 

• Building regulations

01884 234345 or 01884 234974 ext 4001

mail@nmdbuidlingcontrol.co.uk

 

• Planning

01884 234345

devcon@middevon.gov.uk

 

• General advice on this document

01884 234212

health@middevon.gov.uk