Larger houses in multiple occupation (HMOs) require a licence to
operate. Generally speaking this applies to any HMO of three or
more storeys that is occupied by 5 or more people in two or more
households.
Landlords who operate such properties without a licence
are liable to a fine of up to £20,000. The Council also
has the power to claim back any housing benefit paid during the
time the property is unlicensed. Tenants may also apply for their
rent to be repaid to them.
The following guidance is designed to help you ascertain whether
a licence is required. Whilst it is our understanding of the
statutory position it is not a definitive interpretation and the
actual legislation should be referred to for complete accuracy.
Criteria for licensing
- The HMO (or any part of it) comprises 3 storeys or
more;
- it is occupied by 5 or more persons (regardless of age);
and
- it is occupied by persons living in 2 or more
households.
Storey includes:
- Any basement used or
constructed/converted/adapted wholly/partly for living
accommodation, it is being used as an integral part of the HMO or
it is the principal entry point from the street.
- Any attic used or
constructed/converted/adapted wholly/partly for living
accommodation or being used as an integral part of the
HMO.
- Any business premises above or below the
living accommodation.
- Any mezzanine floor used wholly/partly for
living accommodation or being used as an integral part of the
HMO.
- Any other storey used wholly/partly for living
accommodation or being used as an integral part of the
HMO.
Interpretations:
- 'Living accommodation' includes habitable rooms such as
bedrooms, living rooms and dining rooms and kitchens and
bathrooms.
- 'Integral part of the HMO' includes all facilities provided for
use by occupants.
Exclusions from licensing
- Buildings that only contain self contained flats (to which
section 257 of the Act applies) where there is no sharing of basic
amenities.
- All HMO exemptions including those controlled by public sector
bodies, educational establishments and religious
communities.
Examples of inclusions for licensing
- A 3 storey HMO with 5 people.
- A 2 storey HMO with 5 people that also has a basement or attic
that was constructed, converted or adapted for use wholly or partly
for living accommodation even though that may not now be the
case.
- A 2 storey HMO with 5 people that also has a basement which
provides the main access point into the HMO.
- A 2 storey HMO with 5 people that is located above or below a
business premises.
- A 1 storey HMO with 5 people that is located above or below a 2
storey business premises.
- A 3 storey flat in multiple occupation (FMO) with 5 people
located within a larger section 257 building.
- A 2 storey FMO with 5 people located within a larger section
257 building where 1 of the stories outside the FMO is used as
business premises.
- A 1 storey FMO with 5 people located within a larger section
257 building where 2 of the stories outside the FMO are used as
business premises.
Note: the examples given are intended to guide
the boundaries of licensing. Any reference to numbers of people and
number of stories must be interpreted as a minimum figure for
inclusion. Where a higher figure for either variable is given and
the other minimum requirements are also met the HMO will be
licensable.
More
information on HMO licensing (new window) is
available on the Directgov website.
If you own an HMO that requires a licence or you would like to
report such a property so that we can check if a licence has been
given you can call the Private Sector Housing Team on 01394
444506 or email
ps.housing@suffolkcoastal.gov.uk
Application forms
You can download or print off the forms below if you want to
make an application for a house in multiple occupation (HMO)
licence:
The Council must also consider evidence as to whether the
manager or managing agent is a 'fit and proper' person:
The Council may consider certain individuals or companies
to be unsuitable to hold a licence or manage a property. This
decision will be made on the basis of information supplied in or
accompanying the application form and information held by the
Council or other agencies where we feel there is a need to contact
them.