HMO Regulations, Requirements & Legislation in London

Managing a House of Multiple Occupation (HMO) can certainly keep you on your toes at times. And we’re not just talking about the general day-to-day stuff, such as making sure the cleaner turns up and all the appliances are working. No, there is also the work involved in making sure you are complying with all the necessary legal HMO requirements and legislation.

Here are some of the main HMO guidelines right here:

When you need an HMO licence

First off, there’s no point in following HMO compliance procedures, if you don’t have to. Only houses or apartments where three unrelated individuals share a sitting room, bathroom or kitchen – and the property is their own or main residence – is regarded as having small HMO requirements. A similar property with at least five unrelated individuals sharing facilities is classed as a falling under ‘large’ HMO laws.

A Large HMO will always require a licence from your local authority. This varies in cost, depending on the authority. In many boroughs small HMOs (ie with three individuals) may come under Additional Licensing requirements, meaning a licence is also necessary.

To complicate matters further, a number of London councils also operate selective licensing schemes where all rented properties within a particular geographic region must be licensed. The best bet is always to check with your local council before setting up your HMO.

The management of houses in multiple occupation regulations 2006

Landlords (or whoever is managing the property) must provide their contact details to tenants. Other statutory HMO standards they must adhere to include:

• Ensuring fire equipment is maintained and regular fire drills carried out, in keeping with HMO Fire Safety Regulations. Larger HMOs must have a fire safety door and a fire blanket in the kitchen, along with other fire-fighting equipment. Locks should also be the ‘thumb turn’ variety and fire alarms fitted on every floor. CO2 monitors should be present in a room with an open fire.
• Getting annual gas safety checks done (statutory HMO standards)
• Make sure waste is dealt with along council lines
• Ensure the furniture is fire-safe and clean
• Carry out regular repairs to the property when necessary and ensure good lighting in hallways and other communal areas

HMO furniture and furnishings regulation

All fabric and furnishings should comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 in terms of being fire-resistant. This excludes curtains, bed clothes and carpets.

Fitness for human habitation

Under Section 10 of the Housing Act, HMO landlords can ensure their property is fit for renting out provided it is in good repair ie furniture and fixings aren’t broken, there is no damp, the building doesn’t have subsidence, it gets enough natural daylight, has good ventilation and the water supply is in good working order. Toilet and cooking facilities should also be working properly under HMO government regulations.

HMO minimum room size regulation

There are minimum room sizes for HMOs. An adult bedroom must be at least 6.51 square metres and 10.22 for a double. For a child (under 10), HMO rules state this must be at least 4.64 square metres.

HMO electrical safety inspection/report

In 2020 new HMO fire regulations were introduced concerning electrical equipment. This must be tested every five years, in line with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. Sockets, light fittings and appliances must all be working, and a copy of the certificate stating this, shown to the tenant.

Tenancy deposit protection

Landlords must register a tenant’s deposit with an accredited tenancy deposit scheme within 30 days of receipt. You have another 30 days to give your tenants details on this, according to HMO guidelines.

The General Data Protection Regulation (GDPR)

Landlords fall under this ‘transparency of information’ bill too. It means telling letting tenants know the personal information you have on them, why you need it and who you may share it with.

‘How to Rent’ guide

You should always provide new tenants with an updated How to Rent Guide. This is issued by the government and is not an HMO compliance rule in the legal sense, but it will help if you later need to apply for eviction procedures.

Tenant Fees Act 2019

This is an important piece of HMO compliance that all landlords need to know. It states that a tenant’s deposit can be no more than five weeks rent (unless the rent is more than £50,000 annually when its six weeks). A Holding Deposit can only be the equivalent of one week’s rent. You can only charge a tenant for certain expenses, such as key replacement or for utilities payments etc. Charge for inventory and referencing costs and you could be facing a fine of up to £5,000. So, it definitely pays to be on top of HMO requirements!