What are the HMO standards?

What are the minimum standards set for HMOs?

The Government has specified minimum amenity standards, setting out the requirements for kitchens, bathrooms and toilets in an HMO.

The Licensing and Management of HMO and Other Houses (Miscellaneous Provisions) England Regulations 2006 - No 373 [pdf document]

Local Authorities may also use their own amenity standards if they are equal to or higher than the minimum standards.  Standards covering room sizes, fire precautions etc have been set locally in the Standard Management conditions.

HMO's that do not require a licence must still comply with the appropriate standards.

  • If your property does not hold enough amenities for the number of tenants the local housing authority can either:
  • Grant a licence with conditions that extra amenities will be put in within a specified time frame
  • grant a licence for a smaller nuber of occupants based on the amenities which are installed
  • In properties with the worst conditions they may decide not to grant a licence at all if they cannot be brought up to required standards.

Standard Management Conditions [pdf document]

Are there any other standards set for HMO's?

The Government has introduced revised standards for the management of houses in multiple occupation in new regulations.  The Management of Houses in Multiple Occupation (England) regulations 2006,  They set down duties of both managers and occupiers.

The Licensing and Management of HMO and Other Houses (Miscellaneous Provisions) England Regulations 2006 - No 372 [pdf document]

Compulsory licensing will apply to larger HMOs, such as bedsits and shared houses, as they are considered to be at higher risk and often have poorer physical and management standards than other privately rented properties.

Darlington Borough Council compulsory licensing will extend to HMOs properties that are:

  • three or more storeys high
  • have five or more people in more than one household

Anyone who owns or manages an HMO that must be licensed has to apply to the Council for a licence.  In April 2006.  It is a criminal offence to operate a HMO without a licence.

What Happens to HMO's Already Registered?

The Council introduced the Darlington Borough Council (Registration of Houses in Multiple Occupation) Control Scheme 1999 requiring certain categories of HMOs to be registered with the Council.

Those properties already registered will be 'passported' into the licensing regime under transitional arrangements.  The registration of such HMOs will be counted as a licence for the remainder of the registration period.

In transition from the Darlington Borough Council (Registration of Houses in Multiple Occupation ) Control Scheme 1999 the Housing Act 2004 provides Local Authorities with a  power to declare all or part of its area to be subject to additional licensing.

Notice of Additional Licensing in Darlington [pdf document]

This would bring into the licensing regime those lower risk HMO's that are below the trigger point for mandatory licensing.

This form of additional icensing will remain in force for up to three years.

For more information and guidance on HMO's visit the Department for Communities and Local Government website [external link]