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Licensing of Houses in Multiple Occupation
Under the Housing Act 2004 all Houses in Multiple occupation with three or more storeys, having five or more people living as more than one household and sharing at least one standard amenity (such as a toilet, bath, washbasin, kitchen etc) are required to be licensed. Not applying for a licence could mean a £20,000 fine.
Register Of Licences Issued For Houses In Multiple Occupation
The Housing Act 2004 requires every Local Authority to maintain a public register of premises licensed under the Act as a high risk House in Multiple Occupation (HMO). This basic register includes details regarding the address, license holder and date of issue. Further details, including the license conditions are detailed in the register held at the Council Offices, Gernon Road, Letchworth, Herts. If you have any queries in relation to a property which has been licensed or which you feel should be licensed please contact the Private Sector Housing Team. This register will be updated as we continue to issue HMO licences.
Why does the government want Houses in Multiple Occupation to be licensed?
Larger Houses in Multiple Occupation, bedsits and shared houses, often have poorer physical and management standards than other privately rented properties and the government recognises that it is vital that they are properly regulated.
Licensing is intended to make sure that:
- landlords and managers of Houses in Multiple Occupation are fit and proper people
- Houses in Multiple Occupation are suitable for occupation by the number of people occupying them and
- Houses in Multiple Occupation are adequately managed
Where landlords refuse to meet these criteria the council can intervene.
Standards
The Government has set minimum national amenity standards for licensed HMOs. The local authorities in Hertfordshire and Bedfordshire. have produced guidance that will supplement these national standards.
Management
Licensing will mainly emphasise the standard of management. It will include an assessment of the landlord as a "fit and proper" person to manage.
If a council refuses or withdraws a licence, it can take over management of the HMO. This is a last resort for landlords who consistently fail to meet legal requirements or ensure the safety and suitability of accommodation. The council can use rent obtained from the property to meet necessary spending on the property.
Fees
The Government has not set a licence fee. Instead councils are setting their fees according to the costs of running a licensing scheme for example to include the cost of officer time.
The standard licence fee for 2008/2009 has been set by this council at £536. It will be reviewed annually to take into account inflation and other relevant issues.
Appeals
Landlords of Houses in Multiple occupation can appeal to the new Residential Property Tribunals, instead of the County Court against any decision made by the council. Tribunal members will be lawyers, surveyors, and environmental health officers and lay persons, not judges. Tribunal procedures will be informal, making legal representation generally unnecessary.
Penalties
The maximum fine for managing an unlicensed House in Multiple Occupation which requires licensing, or for exceeding the permitted number of occupiers, is £20,000. The maximum fine for breaking a licensing condition is £5,000.
