House in Multiple Occupation (HMO) Policy

A wide range of legislation is available to deal with HMOs. The Team will use this and any other available legislation as needed when dealing with HMOs. The Council's Regulatory Services Enforcement Policy, and the Enforcement and Regulatory Policy for Private Sector Housing provides further information.

Housing Act 2004

Part 1. Housing conditions

• Category 1 Hazards
  General duty to take enforcement action (Section 5)
• Category 2 Hazards 
  Powers to take enforcement action (Section 7)
• Improvement Notice relating to Category 1 hazards (Section 11)
  The duty of the Authority to serve notice to take remedial action to improve conditions and eliminate Category 1 hazards
• Improvement notice relating to Category 2 hazards (Section 12)
  Power of the Authority to serve notice to take remedial action and improve conditions.
• Prohibition orders relating to Category 1 and Category 2 hazards (Sections 20 & 21)
  The duty and powers available to the Authority to serve prohibition orders to prohibit use of or part of a dwelling.
• Hazard Awareness Notices relating to Category 1 and Category 2 hazards (Sections 28 & 29)
  The duty and powers available to the Authority to serve notices advising of the presence of a Category 1 or Category 2 hazard.
• Work in default (Section 30)
  If an improvement notice is not complied with the Local Authority has the power to undertake the work themselves, recover expenses and prosecute the person on whom the notice has been served for non-compliance.
• Emergency Remedial Action (Section 40)
  Action available to the Authority to take remedial actions to remove the imminent risk of serious harm to the health and safety of the occupants.
• Emergency prohibition order (Section 43)
  Action available to the Authority to prohibit use of all or part of a dwelling if it considers there is an imminent risk of serious harm to the health and safety of the occupant.

Part 2. Licensing Houses in Multiple Occupation

• Licensing of Houses in Multiple Occupation (Section 55)
  Unless otherwise exempt Houses in Multiple Occupation which accommodate 5 or more people must be licensed
• Additional Licensing of Houses in Multiple Occupation (Sections 56 & 57)
  Considerations for Local Authority in designation of areas subject to additional licensing

Part 4. Additional control provisions

• Interim Management Orders (Section 102)
  Duty or power of Local Authority to make an interim management order.
• Final Management Order (Section 113)
  Duty or power of Local Authority to make a final management order following the expiry of the interim management order.
• Overcrowding Notices (Section 139)
  The Local Authority may serve an overcrowding notice of housing in regard to the rooms available if it considers an excessive number of persons of being accommodated.

Part 7. Supplmentary and final provisions

• Management Regulations (Section 234)
  The Management of Houses in Multiple Occupation (England) Regulations 2006 and The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 provide provision for the purpose of ensuring satisfactory management standards and arrangements are in place and put a duty on managers to ensure certain measures are met.
• Power to require documents to be produced (Section 235)
  The Local Authority may give notice to require a relevant person to produce certain documents
• Use of information obtained for certain other statutory proposes (Section 237)
  A local housing authority may use information which has been obtained for housing benefit or council tax benefit purposes.
• Powers of entry (Section 239)
• Warrant to authorise entry (Section 240)
• Meaning of House in Multiple Occupation (Section 254)
• HMO declarations (Section 255)

Non Housing Act 2004 Legislation 

• The Housing and Planning Act 2016 allows the council to:
  • impose Civil Penalties of up to £30,000 as an alternative to prosecution for certain specified offences
  • apply to the First-Tier Tribunal for Rent Repayment Orders for a greater range of offences
  • enter the names of landlords and property agents who have been convicted of certain
  • offences or received multiple civil penalties on to a database
  • apply to the First-Tier Tribunal for Banning Orders for the most serious and prolific offenders

Full details of the Civil Penalty and Rent Repayment Order policies can be obtained by contacting the Private Sector Housing Team.

• Gas Safety (Installation & Use) Regulations 1998.
  These Regulations place a duty upon the owner of a property to service every gas appliance on an annual basis.
• The Regulatory Reform (Fire Safety) (England and Wales) Order 2005 Statutory Instrument 2005/1541.
  This order covers general fire precautions and other fire safety duties which are needed to protect relevant persons in case of fire in and around most premises. It also requires fire precautions to be put in place where necessary and to the extent that it is reasonable and practicable to the circumstances of that case.
• The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002.
• The Environmental Protection Act 1990, Section 79 - 81.
  Enables local authorities to take action in respect of a statutory nuisance.
• Compulsory Purchase Orders (Housing Act 1985 Section 17) as amended by the Local Government & Housing Act 1989
• Building Act 1984.
  • Sections 59 and 76 deal with the drainage of buildings and accelerate the procedure to deal with statutory nuisances.
  • Section 64 relates to certain provisions for water closets.
  • Sections 77 and 78 provide for the remedying of dangerous buildings or parts of buildings.
• Means of Escape in case of fire (S.I. 1981 - 1576).
  This order confers a duty on Local Authorities to ensure that HMOs of at least 2 storeys with a combined floor area of 500m² have adequate means of escape from fire.
• Local Government (Miscellaneous Provisions) Act 1976.
  • ​​​​​​​Section 33 provides for the reconnection or continuance of supplies of water, gas or electricity by the Local Authority where the owner has failed to pay the bill.
  • Section 33(2) provides for the recovery of expenditure by the Local Authority.
  • Section 35 confers powers to remedy choked private sewers.
• Health and Safety at Work Act 1974.
  Section 3 places a duty on a person who runs a business to ensure that any persons in his employment are not exposed to any risks to their health and safety.
• Public Health Act 1961.
  Section 17 confers powers to remedy choked drains