What is a House in Multiple Occupation (HMO)?
An HMO is defined in law as a house or flat in which three or more unrelated persons, forming two or more households share an amenity such as a bathroom, toilet, or cooking facilities.
A ‘household’ is defined as either a single person, members of the same family who are living together or a cohabiting couple.
An HMO is also a building which has one, or more non-self-contained units. A non-self-contained unit is where one, or more, of the facilities is not within the occupant’s room. This applies even if the facility is for exclusive use of the occupant.
When an HMO requires a licence
Under Part 2 of the Housing Act 2004 all local authorities are required to operate the mandatory HMO licensing scheme.
Tandridge District Council does not operate an Additional or Selective Licensing Scheme.
An HMO will require a licence if it is occupied by five or more persons forming two or more households. This includes HMOs occupied by a live in landlord and four or more tenants.
There are a number of organisations which are exempt from licensing, including HMOs managed or controlled by:
- Public sector bodies such as housing associations, government departments, the police or fire authority and the NHS.
- Certain educational establishments.
- Certain religious organisations.
View the register of current licensed HMOs.
Applying for a licence
An HMO licence costs £843.42 and lasts for five years. However, we may issue a licence for a 12 month period if we consider the management arrangements to be unsatisfactory. You can apply for a licence online.
The following is required when applying
- a valid gas safety certificate (where applicable).
- a valid fire detection commissioning certificate (for new installations) or a valid fire detection servicing certificate (for existing installations) where applicable.
- a valid emergency lighting certificate, where applicable.
- a valid electrical installation certificate (EIC) or electrical installation condition report (EICR).
- a detailed floor plan outlining all rooms, facilities, amenities and fire detection measures throughout the HMO.
The Licensing Process
Licensing of HMOs is regulated by the Housing Act 2004 and is concerned with the safety of the occupants or visitors to that property.
The Act requires the Local Authority to grant a licence if an application has been made and the property is reasonably suitable for occupation. A licence sets the maximum permitted occupancy and may include other conditions relevant to the safety of the occupants or visitors.
The application process ensures the property:
- meets acceptable management standards
- meets out Amenity Standards
- has adequately sized bedrooms
- has sufficient amenities
- has adequate refuge storage facilities
- has the required fire safety measures
- is free from Category 1 Hazards
Find out more about Amenity Standards applied to HMOs in Tandridge.
Fit and Proper Person Assessment
The council must undertake checks to ensure that the proposed licence holder (and the manager, if different) is a fit and proper person. In deciding whether a person is fit and proper they must take into account:
- Any previous convictions involving fraud or other dishonesty, violence, drugs or specified sexual offences.
- Contraventions of housing or landlord and tenant law.
- Whether the person has practised unlawful discrimination.
- Whether the person has acted otherwise than in accordance with any applicable code of practice approved under section 233.
The council will also consider whether the proposed licence holder has been previously:
- Refused an HMO licence.
- Issued a reduced term HMO licence.
Planning and Building Control
The Licensing of HMOs is governed by the Housing Act 2004, this is separate to Planning Legislation and Building Control regulations. Therefore, planning and building control legislation cannot be considered when assessing if a property is suitable to be operated as an HMO.
An HMO requires planning permission if it is to be occupied by 7 or more persons. Those with less than 7 are subject to permitted development rights.
For more information regarding Planning and Building control please see www.tandridge.gov.uk/Planning-and-building.