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HOUSING ACT 2004 - NEW HOUSING LAW
In November 2004 Parliament passed the Housing Act 2004. The act contains a substantial body of new housing legislation that will impact on the private rented sector and in particular contains a new definition of a House in Multiple Occupation (HMO) and Mandatory HMO Licensing. These pages contain relevant sections of the Act and will contain the latest developments of the Runnymede HMO Licensing Scheme.
Housing Act 2004
Information for Landlords
HMO's - A Change in Definition
HMO Licensing - Information for Applicants
The Housing Health and Safety Rating System (HHSRS)
Useful Links
Explanatory Notes to the Housing Act 2004
Surrey Fire and Rescue Service
Careers in Environmental Health
Accreditation Network UK (ANUK)
The Runnymede Accreditation Scheme
Southern Private Landlords Association (SPLA)
National Federation of Residential Landlords
National Landlords Association
Council for Registered Gas Installers – CORGI
Communities and Local Government
Latest
Management of Houses in Multiple Occupation (England) Regulations 2006 No. 372
Licensable HMO's - Explanatory Diagram
Implementation Dates for the HHSRS and HMO Licensing
Houses in Multiple Occupation - A Change in Definition
The Housing Act 2004 introduces changes to the definition of HMO, the key ones being:
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A dwelling will be an HMO if three or more unrelated people are sharing it;
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Buildings comprising non self contained flats will be HMO's;
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Houses converted to self contained flats before 1991 and not in accordance with the 1991 Building Regulations will be HMO's. The change in definition will particularly impact on smaller shared houses; particularly those occupied by students, where previous case law has supported that in some incidences students form a 'single household'. The new definition will mean that all dwellings occupied by more that 2 students will be HMO's and furthermore dwellings comprising of 3 storeys (including a basement) and occupied by 5 or more students will be subject to Compulsory HMO Licensing.
The compulsory licensing of certain 'high risk' HMO dwellings by the local housing authority has been established by the 2004 Housing Act. This new duty comes into force from the 6th April 2006. The aim of the licensing regime is to provide greater protection to the health, safety and welfare of the occupants of this type of property.
Dwellings that fall under the Mandatory Licensing Criteria are as follows:
A BUILDING WHICH IS A HMO WHICH HAS THREE OF MORE STORIES, WITH FIVE OR MORE OCCUPANTS.
Local authorities can issue a licence for a HMO if they are satisfied that the landlord is a fit and proper person, that they are competent and have the resources and systems in place to properly manage HMO's.
Licences will run for a period of 5 years.
After implementation it will be an offence to operate a licensable HMO without a licence.
Conviction carries a maximum fine of £20,000.
The Government require that HMO licensing schemes are self funding and accordingly authorities will charge a fee for an application for a licence.
*When more details of the new provisions are available they will be circulated to known landlords and published on this website.*
HMO landlords are urged to come forward before 3rd July to avoid penalties. If you are in any doubt whether your property needs a licence please contact the private sector housing enforcement staff.
As well as the introduction of compulsory HMO licensing for high risk HMO's, the Housing Act 2004 also introduces powers which enable local authorities to introduce additional discretionary licensing schemes, which can extend to other types of HMO dwellings.
Runnymede Borough Council has introduced an Accreditation Scheme for all properties let to students in 2005 with the aim of improving the property and management standards and does not intend to set up any additional licensing scheme for the time being. This will be kept under review.
HMO REGULATIONS
Regulation relating to the implementation of HMO Licensing were laid before parliament and published on 22 February 2006. The Statutory Instruments are now available on the Office of Public Sector Information website www.opsi.gov.uk
The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 No.371 This instrument prescribes descriptions of HMOs that will be subject to licensing by local housing authorities under the provisions of Part 2 of the Housing Act 2004
The Management of Houses in Multiple Occupation (England) Regulations 2006 No.372This instrument sets out the duties of managers of HMOs and the corresponding duties of occupants. The Regulations also sets out what occupiers must do with a view to assisting managers to undertake their duties.
The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 No.373 This instrument sets out when persons are to be regarded as forming a single household and when they are to be regarded as occupying a property as their main or only residence for Part 2 of the Act. It specifies the standards to be applied when determining the suitability of a house for multiple occupation for licensing. It also specifies contents of applications for licences and the contents of registers of licences, temporary exemption notices and management orders. It also specifies the publication requirements relating to designations and revocations for additional or selective licensing. Finally, it specifies other buildings that are not HMOs for the purposes of the Act (excluding Part 1).
The Housing Health and Safety Rating System (HHSRS) Part 1 of the Housing Act 2004 contains the Housing Health and Safety Rating System (HHSRS). The HHSRS is a system for assessing the health and safety risks in dwellings, and is designed as a replacement for the current fitness standard. The system is a risk assessment process and is comprehensive in its coverage of key health and safety risks in dwellings.
Hazard Score and Rating Following an inspection of a dwelling the surveyor is required to produce two pieces of information: i) Likelihood of an occurrence that could cause harm happening in the dwelling within a 12 month period; and ii) the likely harm outcome.
The combination of these two factors produces a score called a Hazard Score. The Hazard score is a numerical representation of the overall risk from a hazard which forms the basis of any enforcement action that may be taken.
The hazard rating is the band to which the hazard score falls. There are 10 hazard bands, A to J, with J being the safest and band A being the most dangerous.
Categories of Hazard There is a relationship between the hazard bands and 2 broad categories of hazard prescribed in regulations, Category 1, and Category 2. Category 1 hazards are those rated by the HHSRS assessment in bands A-C. Category 2 hazards are those rated band D and lower.
Category 1 hazards trigger a local authority's duty to take enforcement action; Category 2 hazards can be dealt with by the authority's discretionary powers.
The link re-directs you to the Communities and Local Government website that provides an overview of the HHSRS
The Government intend to introduce national minimum standards for amenity levels in HMO's that are subject to licensing. The Council may require in excess of this where circumstances justify it.
Similarly authorities will determine appropriate minimum space standards (room sizes), although the Government are currently reviewing the law on minimum room sizes.
The Housing Health and Safety Rating System (HHSRS) is applicable to HMO's. All enforcement activity undertaken by the Private Sector Housing Team will be undertaken in conjunction with the Private Sector Housing Enforcement Policy.
For more information please contact Private Sector Housing on 01932 425888/ 01932425886 or alternatively e-mail Housing@runnymede.gov.uk