HMOs Legal Requirements for Landlords 

 In the UK, Houses in Multiple Occupation (HMOs) have specific legal requirements: rules and regulations for landlords to ensure the safety and well-being of tenants. 

These requirements can vary slightly by location, but landlords generally follow several vital rules for their properties to be legally compliant. 

Here’s an overview:

• Mandatory HMO Licensing: An HMO license is required if the property has at least five tenants from more than one household, sharing amenities like a bathroom or kitchen. Each local council handles HMO licenses, and landlords must apply through their local authority.
• Additional Licensing: Some councils have additional licensing requirements, even for smaller HMOs (3+ tenants in some instances). It’s essential to check local regulations.
• Selective Licensing: Some areas also have “selective licensing” that requires all rental properties to be licensed, not just HMOs. This depends on the local authority’s criteria.

• Fire Safety: Landlords must provide adequate fire safety measures, such as:
  • Fire alarms and smoke detectors in working order
  • Fire doors for specific areas
  • Adequate means of escape, often requiring emergency lighting in common areas.
• Gas and Electrical Safety: A Gas Safe registered engineer must do gas safety checks annually, and an Electrical Installation Condition Report (EICR) must be obtained every five years.
• Furniture and Furnishings: Any furniture provided must meet fire resistance requirements as per the Furniture and Furnishings (Fire Safety) Regulations.

• Minimum Room Sizes: HMO properties must have minimum bedroom sizes to avoid overcrowding:
  • Single bedrooms: At least 6.51 m² for adults
  • Double bedrooms: At least 10.22 m² for two people
  • Bedrooms for children under 10: At least 4.64 m²
• Kitchen and Bathroom Facilities: Adequate kitchen, bathroom, and toilet facilities must be provided for the number of tenants in the HMO, including a sink, cooker, and fridge, often proportionate to tenant numbers.

• Bins and Waste Disposal: Landlords must provide appropriate bins and waste disposal arrangements to handle household waste effectively, ensuring that waste can be stored safely and disposed of regularly.

• Property Condition: Landlords are responsible for maintaining the HMO in good condition, ensuring all fixtures, fittings, and appliances are safe and functional.
• Responsive Repairs: They must be responsive to maintenance issues reported by tenants and ensure prompt repairs to ensure habitability.

• Property Management: HMO landlords must follow specific management standards under the Management of Houses in Multiple Occupation (England) Regulations 2006. These standards cover regular checks on communal areas, cleanliness, and general upkeep.
• Tenant Communication: Landlords should communicate key property rules to tenants, including safety procedures and emergency contacts.

• Tenancy Agreements: All tenants must have a written tenancy agreement outlining the rent, tenancy duration, and rules of occupancy.
• Deposit Protection: Any deposits taken must be protected in a government-approved deposit protection scheme, and tenants should be provided with information about this scheme.

• Fines and Prosecutions: Non-compliance with HMO regulations can lead to hefty fines or prosecution. Councils can impose fines or even restrict landlords from renting out properties if they are found to be operating illegally.
• Rent Repayment Orders: Tenants may be able to claim back rent through a rent repayment order if the property is not properly licensed.

Compliance with these HMO regulations is essential for landlords to maintain a legal and safe rental property.

Local councils often have additional guidelines or support resources for HMO landlords, which can help meet the requirements.