Rules for managing HMOs

Regulations regarding the management of houses in multiple occupation (HMOs) impose duties on managers and occupiers of HMOs (except converted blocks of flats) whether they licensed or not.[1]

It is an offence not to comply with the regulations, although there is a defence of reasonable excuse. The penalty on summary conviction, for each separate offence, is a fine. In considering a prosecution for a breach of the management regulations, a local authority should also consider whether to take action under Part 1 Housing Act 2004.

Also, a local authority can:

• (on or after 6 April 2017) impose a civil penalty of up to £30,000 as an alternative to prosecution[2]

• (on or after 6 April 2018) apply to a First-tier Tribunal for a banning order where the landlord (or agent) has been convicted[3]

The regulations impose duties on managers of HMOs to:[4]

• provide contact details to each household and have them on display

• ensure that all means of escape from fire are maintained and kept free from obstruction, all fire precautions are maintained and that steps are taken to protect occupants from injury

• maintain water supply and drainage

• ensure annual gas safety checks are carried out

• not unreasonably interrupt gas or electricity supply

• maintain in repair and keep clean all common parts and installations, and ensure common parts have adequate lighting

• ensure each unit and furniture are clean at the start of each occupation and maintain the internal structure and installations in each letting

• provide adequate waste storage facilities and ensure that there is appropriate collection of waste

Where the regulations refer to the manager of an HMO having a duty to ensure, this means they must inform themselves of the condition of the property to allow remedial steps to be taken when needed. The duty is not merely to remedy issues which the manager is notified of.[5]

For section 257 HMOs, the manager's duty only applies to parts of the HMO over which it is reasonable to expect the manager to have control. The manager's duty to maintain or keep in repair should be carried out to a reasonable standard, taking into consideration factors such as the age, character and prospective life of the house and its location.[6]

Occupiers' duties include:[7]

• not to do anything that hinders the manager from meeting their duties

• allowing the manager to enter units at a reasonable time to carry out their duties

• providing such information to the manager as may be reasonably required in order to meet their duties

• taking reasonable care to avoid damage to anything which the manager is under a duty to supply, maintain or repair

• storing and disposing of litter in accordance with the arrangements made by the manager

• complying with reasonable instructions in respect of means of escape from fire and fire precautions

There are approved codes of practice regarding the management of HMOs occupied by students (whether licensable or exempt).[8]

For accommodation owned by educational establishments the approved codes are The Student Accommodation Code published by Universities UK, and the National Code.[9]

For accommodation not owned by an educational establishment, the code of practice is the National Code.[10]

Adoption of a code by an establishment or landlord is voluntary.