Houses in multiple occupation (HMO)

What is an HMO?

A property will be an HMO if it is lived in by people who belong to more than one family and who share one or more facilities, such as kitchens and bathrooms. In practice, this includes:

  • bedsits
  • shared house
  • house converted into flats which do not meet 1991 Building Regulation standards
  • hostels.

HMOs provide a valuable supply of readily accessible, often low cost, accommodation and play an important part in meeting local housing demand. However, HMOs must provide a safe place to live and hazards are assessed under the Housing Health and Safety Rating System (HHSRS). Woking Borough Council is responsible for taking action to reduce unacceptable hazards using powers made under the Act.

Certain types of high risk HMOs are required to be licensed.

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Planning permission

Planning permission may be needed if a house is to be used for multiple occupation.

If, however, the use has existed for a long time, it may be possible to obtain a certificate of lawfulness instead of planning permission.

Planning permission is not required for a house where it is used:

  • by a single person or by people living together as a family
  • by not more than six residents living together as a single household.

However, a property which is not considered to be an HMO for planning purposes may still fall within the definition of an HMO under housing legislation.

Landlords must satisfy both Planning and Housing Act requirements, which are independent of each other. It is advisable to clarify the planning issue at an early stage by contacting Development Control.

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Building regulation approval

Building Regulation approval is required in respect of conversion works to provide new HMOs, such as the conversion of older properties into self-contained flats. For advice on when and how to submit an application, please contact Building Control.

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Providing good quality accommodation

HMOs have to meet certain standards.

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What happens if there are defects at theHMO which are causing a hazard?

The Environmental Health Officer or Housing Standards Officer would contact the landlord. The required works to reduce the hazard would be discussed and/or put in writing. The works should be carried out in a reasonable time period.

It is possible to take formal action, by serving a notice. There are extensive powers available to ensure the notice is complied with, including prosecution for non-compliance. The Council may recover the expenses incurred in serving the notice, up to a maximum of £300. The Council may also carry out the work themselves and recover the costs from the landlord, including an administration charge.

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Gas safety

Carbon monoxide poisoning can be caused by faulty or poorly installed gas appliances and kills more than 30 people every year.

Carbon monoxide is produced when gas does not burn properly and dangerous levels can build up if there is inadequate ventilation. Danger signs that something may be wrong include the flame burning orange or yellow and brown staining or sooting on / or near to the appliance.

You cannot see, taste or smell carbon monoxide and people are most vulnerable when asleep.

Early symptoms of carbon monoxide poisoning include tiredness, drowsiness, headache, chest and stomach pains.

The landlord has a duty to arrange for an annual check of all gas appliances by a Gas Safe registered contractor. He/she should also give the tenant a copy of the written gas safety record.

For further advice please contact the Health & Safety Executive.