House in multiple occupation (HMO)
Does my HMO require a licence?
The Council operates a Mandatory HMO licensing scheme. Most landlords of HMOs that have five or more occupiers forming two or more households require a licence.
This previously only applied to properties with three or more stories (including habitable basements and attics) but from 1 October 2018 HMOs with five or more occupiers forming two or more households regardless of the number of storeys will be subject to HMO licensing.
This means that the below will require a licence:
- HMOs with five or more occupiers forming two or more households
- Flats within a converted building, where the flat itself is a HMO with five or more occupiers forming two or more households, and
- Flats within purpose built blocks with either one or two flats, where the flat is a HMO with five or more occupiers forming two or more households.
Landlords who fail to apply for a licence by 1 October 2018 will be committing an offence from that date.
If you own or manage a HMO which fell under the previous requirements for HMO licensing and you do not currently hold a licence you are already committing an offence and you must apply immediately.
Failing to licence a property is a criminal offence which, on conviction, may lead to an unlimited fine or a civil penalty of up to £30,000.
You could also be subject to a Rent Repayment Order for the period that the property was unlicensed.
There are some exemptions from licensing. For example properties managed by Local Authorities and Registered Housing Providers such as Housing Associations do not require a licence.