HMO Definition

 

The Housing Act 2004 sets out in detail what constitutes an HMO in sections  254-260.  In essence, an HMO is any building or part of a building (e.g. a flat).

 

1. Which is occupied by more than one household and in which more than one household shares an amenity (or the building lacks an amenity) such as a bathroom, toilet or cooking facilities.  A household comprises families including foster children, children being cared for and current domestic employees, single persons, co-habiting couples (whether or not of the opposite sex) or

 

2. Which is occupied by more than one household and which is a converted building which does not entirely comprise self-contained flats (whether or not there is also a sharing or lack of amenities) or

 

3. Which comprises entirely of converted self-contained flats and the standard of conversion does not meet, at a minimum, that required by the 1991 Building Regulations and at least one third of the flats are occupied under short tenancies.

 

This new definition not only encompasses the traditional bedsit type accommodation but also any instances where people share any facilities.  In the case of student accommodation, it should be noted that each student constitutes a single household, therefore shared student houses will fall under this definition of an HMO.

 

Exemptions from HMO definition:

 

Certain types of buildings will be exempt from the definition of HMO but will not be exempt from Part One (HHSRS) of the Act.  These include those:

 

(1)     Buildings, or parts of buildings, occupied by no more than two households each of which comprise a single person (i.e. two person flat shares);

(2)     Buildings occupied by a resident landlord with up to 2 tenants;

(3)     Managed or owned by a public body (such as the police or the NHS) or an LHA or a Registered Social Landlord;

(4)     Where the residential accommodation is ancillary to the principal use of the building e.g. religious establishments, conference centres;

(5)     Student halls of residence, where the education establishment has signed up to an Approved Code of Practice;

(6)     Buildings regulated otherwise than under the Act, such as care homes, bail hostels and the description of which are specified in regulations;

(7)     Buildings entirely occupied by freeholders or long leaseholders.