8 AUG 2018
New regulations to bring mandatory licensing to all multi-occupied properties where there are five or more people, forming two or more separate households.
The main changes are:
This contrasts with the existing HMO definition which is a property occupied by 5 or more people, forming two or more separate households and comprising three or more storeys.
The proposals will prohibit landlords from letting rooms to a single adult where the usable floor space is less than 6.51sqm and 10.22sqm for a room occupied by two adults. It will be mandatory for an HMO licence to include a condition that states the maximum number of persons who may occupy each specific room in a property as sleeping accommodation.
Landlords will have to stop letting rooms that fall below the nationally prescribed standard. If they do not, then they will be in breach of licence condition and could be prosecuted by the local authority or alternatively receive a civil penalty under the new Housing and Planning Act 2016 provisions. Rooms below the prescribed standard that have previously been found suitable for occupation will no longer be capable of being let separately as sleeping accommodation by any person aged over 10 (4.64 for children under 10).
Rooms under 4.64sqm cannot be used for sleeping. Floor area under a height standard of 1.5m is not included in the calculation.
We welcome the upgrading of HMO standards but would caution that the introduction of minimum room sizing in particular, risks reducing capacity with potential knock-on effects on rent rises, as business plans are impacted.
The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 SI 2018/221 & The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licenses) (England) Regulations 2018 SI 2018/616 can be read on Gov.uk.
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