The Housing Act and its implications

The Housing Act 2004 came into force in April 2006, introducing:

• A new definition of House in Multiple Occupation (HMO),
• A new national HMO Licensing scheme,
• A new method of risk assessment for residential properties called the Housing Health and Safety Rating System.

What is an HMO?

HMO stands for House in Multiple Occupation. The definition is now split into a number of areas.

Simplified definition of HMO

An HMO is a building or part of building (flat) which is

a) Occupied by more than one household

AND

b) At least one of the households shares or lacks access to a basic amenity ("basic amenities" means a toilet; personal washing facilities; or cooking facilities)

AND

c) Occupation by the households is as their main residence

AND

d) It is the sole residential use of the accommodation.

This includes bedsits, houses partly converted into self-contained flats, hostels, accommodation above shops and shared houses and flats.

In addition where the building is fully converted into self-contained flats, IF the conversion work does NOT comply with the building standard of the 1991 Building Regulations AND less than 2/3rd of the flats are occupied by long leaseholders, this type of building is also an HMO.

What is a household?

A household is now defined as occupiers of the same family and includes spouses, co-habitees, same sex couples and any blood relative.

What standards apply in HMOs?

The HMO standards have recently been reviewed in consultation with landlords, tenant groups and registration holders. There are now 4 standards covering:

• bedsits/studios;
• self contained flats;
• flats in multiple occupation;
• and hostels.

How can I tell if I own an HMO?

The HMO online self Assessment will help you to decide if your property is an HMO or not. If you own or manage an HMO, you will probably have to licence the HMO.

You can request an application form for licensing using this link. The pack will be sent to you in the next few days.

Housing Health and Safety Rating System

In addition, the Housing Act 2004 introduces a system of inspection to risk assess properties to identify hazards which are present in a property which pose a heath and safety risk to occupiers or visitors.

More information about the Rating System is available on this Web site.

Contact Details

Westminster City Council, Premises Management, Residential Environmental Health, City Hall, 4th Floor, 64 Victoria Street, London, SW1E 6QP

Tel : 020 7641 6161 Fax : 020 7641 8504

Email: res@westminster.gov.uk

Complete the contact form online.