Houses in Multiple Occupation

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Last revised: 16 September 2008

A picture of a house

Please follow this link to make an online enquiry, complaint or report, relating to this service - Houses in Multiple Occupation (External link)

What is a House in Multiple Occupation ?

The Housing Act 2004 defines an HMO as :

A house, hostel or flat occupied by more than one household where sharing of amenities exists, and rent or other amounts are payable

A house converted into self-contained flats, which does not meet 1991 Building Regulations and less than two thirds of the flats are on long leases.

HMOs include houses occupied as individual rooms, bedsits, those occupied on a shared basis, hostels, guesthouses and B&B accommodation that provides a place to live for people with no other permanent place of residence.

The majority of HMOs are in the private rented sector where they provide an important source of accommodation for households on low incomes and Kennet District Council encourages landlords to provide good, safe, secure and well managed accommodation for their tenants.

Mandatory Licensing of HMOs (from April 2006)

HMOs are already subject to inspection by Environmental Health to ensure they comply with standards governing occupancy members, internal arrangement, number and availability of facilities and fire safety. In addition to this, from April 2006 certain higher risk HMOs will have to be licensed by their Local Authority.

Higher risk HMOs are defined as :

  • having 3 storeys or more

  • being occupied by 5 or more persons comprising of 2 or more households

  • (According to government statistics, these make up about 25% of all HMOs)

The licence will normally be awarded for a 5 year period and will have relevant conditions attached that relate to gas, electrical, furniture and fire safety together the management, use and occupation of the property.

In response to this statutory responsibility, Kennet has become more proactive in seeking out private landlords and particularly those who manage properties that may be subject to mandatory licensing. A Landlord's Pack has been developed, which has been sent out to private landlords advertising shared accommodation for this purpose. The pack itself consists of an introductory letter and leaflet giving general background advice on HMOs, a questionnaire seeking outline information on the property – size, number of occupants, numbers of amenities etc and a leaflet on the Warmlet Grant scheme, which provides grants to landlords for insulation measures.

In addition, Kennet has developed a Fire, Gas and Electrical Safety Logbook which promotes good practice and assists landlords in maintaining safe conditions in HMOs. This is available below. For a hard copy or for any further advice please contact our Environmental Health team by emailing env.health@kennet.gov.uk or telephoning us on 01380 724911

Fire, Gas and Electrical Safety Logbook pdf format

How do I know if I need a licence for my property ?

If you are a landlord and you are unsure if your property falls under the HMO licensing criteria, we advise that you complete the form below and return it to us so that we can assess whether your property needs a licence.

PDF Version (pdf, 62 KB)  /  Word Version (Microsoft Word, 2254 KB)

Please return the form to :
Environmental Health & Protection Services
Kennet District Council
Browfort
Bath Road
Devizes SN10 2AT
email :env.health@kennet.gov.uk
phone : 01380 724911     fax : 01380 729146

Please be aware that operating a prescribed HMO without a licence may attract a fine up to £20,000, additionally it will be an offence to receive rent if the HMO is not licensed.

Landlords can appeal against decisions of the Council where :

  • the HMO licence has been refused

  • there are conditions attached to the licence

  • the licence has been revoked

  • the licence has been varied.

Appeals will be heard by the Residential Property Tribunal Service and must be lodged within 28 days of the Council's decision.  More information is available from the RPTS website, www.rpts.gov.uk (External link)

Inspection by an Environmental Health Officer

An Environmental Health Officer will look for the following during inspection :

  • the fitness and repair are good

  • there are adequate amenities provided (e.g. kitchens and bathrooms)

  • there is good provision of fire precautions

  • the conditions are clean and safe

  • the amount of living space is adequate for the number of tenants

  • the standard of management is good

  • any cases of harrassment or illegal eviction

Exemptions from Mandatory Licensing

  • Certain properties will be exempt from mandatory licensing. These include :

  • Properties owned or managed by local authorities or Registered Social Landlords

  • Properties where residential accommodation is ancillary to its principal use Buildings occupied by students managed by educational establishment

  • Properties only occupied by 2 persons who form 2 households.

Frequently Asked Questions

View our Frequently Asked Questions on HMOs

Useful links for Landlords of HMOs

Kennet's Good Landlord Guide

Advice from central government (DClG)  external link (External link)

Shelter fire safety (External link)

Fire Safety in HMOs

Any fire safety concerns should be directed to Wiltshire Fire Service on 01380 723601 who will arrange for a Fire Safety Officer to investigate your concerns.For more information on fire safety in shared / rented accommodation, please visit the Wiltshire Fire Service website (External link)