Houses in multiple occupation

What is a HMO?

The legal definition of a House In Multiple Occupation (HMO), is determined by the Housing Act 2004 (the Act) and is very difficult to understand.

What this means basically is that a house is a HMO if it is occupied by 3 or more persons forming more than 1 household.

Typical examples of HMOs are houses that have been converted into bedsits or shared houses or bed and breakfast accommodation where there is some sharing of facilities or buildings converted into self contained flats (without the necessary Council Approvals).

What it does not include are properties that have been built purposely for use as flats or maisonettes which have the necessary Building Legislation approval.

The Risks

The Office for the Communities and Local Government, CLG for short, is the government department responsible for monitoring and legislating for the way in which public and private sector landlords manage their properties, and the standards that those properties should be providing to ensure a reasonable standard of living and ensuring the health and safety of the occupants.

It has long been known that living in a HMO presents the occupant a higher risk to his/her health and safety.

In 1997 the then ODPM published the results of research by ENTEC Plc, the organisation used by the government to survey the national incidents and statistics with regard to fire safety.

The findings showed that the risk of death or serious injury to a person living in a HMO is six times more likely to occur than to a person living in a singly occupied house.

What this means that if you live in a house which has been converted into flats or bedsits, you are six times more likely to die from fire than adults in ordinary houses.

HMOs and the Council

Because of the risks, Councils are required to seek out HMO’s in their borough and assess them to see if they meet the standards required with regard to its fitness to be lived in and how safe it is, with particular emphasis on fire safety.

As part of our commitment to improving housing conditions in the private rented sector and fire safety, Wirral Borough Council is currently undertaking the above mentioned survey.

HMOs and the Law

Part 1 of the Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS) which is used for assessing conditions within all types of residential accommodation.

The purpose of this assessment is to gather information in order to determine what action is the best available to the Council to remedy any defects or deficiencies identified.

This form of action can be achieved either informally with the consent of the Landlord or formally by adopting enforcement action, were there has been a lack of an adequate response.

Part 2 of the Act introduced the Mandatory Licensing of certain HMO’s. If a HMO has 3 or more storeys (including basements and mezzanines), is occupied by 5 or more persons, forming 2 or more households and there is some form of sharing of bathroom and/ or kitchen facilities, then the property will probably require a License.

The Council recognises the important role that HMOs play in the private rented sector in providing low cost rented accommodation, although a high percentage of HMOs are without adequate fire precautions.

The Local Authority are actively risk assessing HMOs throughout the borough, both reactively in response to either complaints or referrals received and proactively in areas where deprivation and anti social behaviour has been identified.