Appendix 4b HMO Licence Conditions Guidance Notes

Management Regulations Relevant to Houses in Multiple Occupation

Houses in Multiple Occupation

Where the property is defined as a house in multiple occupation subject to section 254 to section 257 of the Housing Act 2004, the following conditions will also apply to a dwelling house as part of the selective licence conditions:-

The Licence holder must:-

1. Where a House in Multiple Occupation is not a Section 257 HMO comply with The Management of Houses in Multiple Occupation (England) Regulations 2006 SI 372 (Management Regulations)

https://www.legislation.gov.uk/uksi/2006/372/note/made

and any updated versions of this regulation and continue to do so throughout the period of the licence that being the person managing must:

1. Provide information to occupiers(regulation 3);
2. take safety measures, including fire safety measures(regulation 4);

• maintaining the water supply and drainage(regulation 5);

1. supply and maintain gas and electricity, including having it regularly inspected (regulation 6);
2. maintain common parts (defined in regulation 7(6)), fixtures, fittings and appliances (regulation 7);
3. maintain living accommodation (regulation 8); and

• provide waste disposal facilities (regulation 9).

1. Where a House in Multiple Occupation is not a Section 257 HMO comply fully with the Prescribed standards when deciding the suitability for occupation of an HMO by a particular maximum number of households or persons as detailed in Schedule 3 of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England) Regulations 2006, Statutory Instrument No. 373 as amended by Regulation 12 of the 2007 Statutory Instrument, No. 1903; https://www.legislation.gov.uk/uksi/2006/373/contents/made

that being suitable:

1. Heating
2. Washing Facilities

• Kitchens

1. Units of accommodation without shared basic amenities
2. Fire precautionary facilities
   1. Where a House in Multiple Occupation is a section 257 converted block of flats as defined in the Housing Act 2004 comply fully with The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007, Statutory Instrument 1903,

https://www.legislation.gov.uk/uksi/2007/1903/contents/made

that being the person managing must:

• providing information to occupiers(regulation 4);
• taking safety measures, including fire safety measures(regulation 5);
• maintaining the water supply and drainage(regulation 6);
• supplying and maintaining gas and electricity, including having it regularly
• inspected(regulation 7);
• maintaining common parts (defined in regulation 7(6)), fixtures, fittings an
• appliances(regulation 8);
• maintaining living accommodation(regulation 9); and
• providing waste disposal facilities(regulation 10)
  1. Where a House in Multiple Occupation is a section 257 converted block of flats as defined in the Housing Act 2004 comply fully with Prescribed standards for deciding the suitability of a house for multiple occupation by a particular maximum number of households or persons as set out in The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007, Statutory Instrument 1903,

 https://www.legislation.gov.uk/uksi/2007/1903/contents/made

that being:

1. that all bathrooms and toilets contained in each flat must be of an adequate size and layout, and all wash-hand basins must be suitably located and be fit for purpose, having regard to the age and character of the HMO, the size and layout of each flat and its existing provision for wash-hand basins, toilets and bathrooms;
2. adequate appliances and equipment for the cooking of food;

• a sink with an adequate supply of cold and constant hot water;

1. a work top for the preparation of food;
2. sufficient electrical sockets;
3. a cupboard for the storage of kitchen utensils and crockery; and

• a refrigerator
• Appropriate fire precaution facilities and equipment must be provided of such type, number and location as is considered necessary and

1. Where there are no adequate shared washing facilities provided for a unit of living accommodation as mentioned in paragraph 2, an enclosed and adequately laid out and ventilated room with a toilet and bath or fixed shower supplying adequate cold and constant hot water must be provided for the exclusive use of the occupiers of that unit either—

(a)within the living accommodation; or

(b)within reasonable proximity to the living accommodation

1. Where there are temporary battery smoke detectors installed within the premises carry out a Fire Risk Assessment of the premises in accordance with The Regulatory Reform (Fire Safety) Order 2005 to determine the appropriate mains powered Automatic Fire Detection system that is compliant with the requirements of BS 5839‑6 (2019 ) Fire detection and fire alarm systems for buildings – Code of practice for the design, installation, commissioning and maintenance of fire detection and fire alarm systems in domestic premises
2. Where there are no temporary battery smoke detectors or an Automatic Fire Detection system installed within the premises carry out a Fire Risk Assessment of the premises in accordance with The Regulatory Reform (Fire Safety) Order 2005 to determine the appropriate mains powered Automatic Fire Detection system that is compliant with the requirements of BS 5839‑6 (2019 ) Fire detection and fire alarm systems for buildings – Code of practice for the design, installation, commissioning and maintenance of fire detection and fire alarm systems in domestic premises
3. Supply the Council, on demand, with a written declaration as to the condition and positioning of the smoke detectors. As a minimum one detector is to be suitably located in the hallway and another on the landing or similar area;
4. Ensure that the house is compliant with the council’s guidelines and standards for Houses in Multiple Occupation, according to the type of accommodation offered. These standards will be reviewed periodically to ensure that they remain appropriate to the type of multi-occupied housing within the Council’s area and needs of residents;
5. Display at all times a copy of the licence certificate and licence conditions in a prominent position within the premises;
6. Make reasonable and adequate arrangements, if applicable, to ensure that gas and electric supplies to any common parts are installed on a separate landlords supply by means of a suitable credit meter and that any payment required by a utility service is made on request. Prepayment meters are not acceptable on a landlords supply;
7. Ensure that any present fire precaution facilities and equipment are maintained in accordance with the current British Standards and Codes of Practice;
8. Produce on demand within 7 days to the Council the logbook detailing regular weekly/monthly tests undertaken on any fire alarm and/or emergency
9. Produce on demand within 7 days to the Council for their inspection, a Fire Detection & Alarm System Certificate (in accordance with BS5839:2019) obtained in respect of the house within the last 6 months;
10. Produce to the Council on demand a valid Electrical Installation Condition Report (EICR) or alternatively a valid Periodic Installation Report (PIR) for the whole of the electrical installations in accordance with current IEE wiring regulations. Such a report should be provided by a competent person who is a member of an appropriate competent person scheme, details of which can be found at competentperson.co.uk (to comply with Part P of the Building Regulations). Where the report expires during the term of the licence, an up-to-date Electrical Installation Condition Report must be provided to the licensing team of the Council within 28 days of the expiry date; Ensure that any remedial works identified on the EICR or PIR are attended to subject to the required remedial action.