House in Multiple Occupation (HMO) Policy
Management of Houses in Multiple Occupation regulations
Competent and well organised management is crucial to running a safe and successful house in multiple occupation.
A person managing a HMO has a legal obligation under the Housing Act 2004 and in accordance with The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Licensing and Management of Houses in Multiple Occupation Regulations 2007 to ensure that the property is maintained in good condition to enable the tenants to live safely and also comfortably.
Below is a summary of the Regulations, which place a duty on the person, managing a HMO to undertake that management properly. Failure to comply with these Regulations is an offence.
Display notices
A manager must display in a prominent position a notice containing details of their name, address and any telephone contact number.
Take safety measures
All means of escape from fire must be kept clear and free from obstruction, all fire prevention and warning systems along with fire-fighting equipment must be maintained in good working order.
Water supply and drainage
The need for the installation of water fittings and uninterrupted supplies of water and adequate drainage for the disposal of waste water.
The supply of gas and electricity
The supply of gas and electricity must not be interrupted and upon request from the Local Authority the manager must supply a gas safety record certificate within 7 days of that request.
Maintenance of common parts and installations
This is very wide ranging and relates to the repair and cleanliness of items which have shared use such as toilets, baths, sinks, wash hand basins, cookers, fridges. It also relates to common areas and contents such as handrails, banisters, boundary walls, fences and yards being kept in a good order.
Living accommodation
Relates to the repair and maintenance of a tenants unit of accommodation and including any fittings therein.
Refuse disposal
The need for sufficient bins or other receptacles for storing refuse and for the arrangements for the disposal of refuse.
Under Section 239 of the Housing Act 2004 the Council are not required to give notice of an intended entry where they suspect a non-compliant HMO, and, a person authorised by the Council may enter the premise at any reasonable time, without giving notice, to determine if the Regulations have been met.
In instances where the Regulations have not been met, the Private Sector Housing Team will give full consideration to the most appropriate course of action. The Council may look to work informally with the landlord (agent) and resident to resolve any non-compliance matters successfully. However, if a breach is serious or a non-compliance issue remains outstanding and unresolved, the Council may elect to commence legal proceedings or impose a Civil Penalty without a requirement for further notice.