Houses in Multiple Occupation (HMO)

Illustration - Photo of Housing

New definitions for houses in multiple occupation (HMOs) were introduced in the Housing Act 2004. Under the changes if you let any of the following types of property it will be an HMO:

  • An entire house or flat which is let to 3 or more people who form 2 or more households and who share either a kitchen, bathroom or toilet;
  • A house which has been converted entirely into bedsits or other non-self contained accommodation and which is let to 3 or more tenants who form 2 or more households and who share either kitchen, bathroom or toilet facilities;
  • A converted house which contains 1 or more flats with exclusive use facilities and which is occupied by 3 or more tenants who form 2 or more households;
  • A building which is converted entirely into self contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one third of the flats are on short term tenancies.

A self-contained flat is defined as a flat where all three basic amenities i.e. cooking facilities, personal washing facilities and toilet are all within the flat i.e. behind the entrance door to the flat and not shared with any unrelated tenant. If the tenant has to walk along a communal passageway or corridor to use their kitchen, toilet or bathroom even though they may have exclusive use of these facilities, it is not a self-contained flat.

In order to be an HMO, the house must be used as the tenants' only or main residence. Properties let to students or migrant workers will be regarded as their only or main residence.

Properties that are not HMOs include:

  • Where the house consists of only 2 lets and is occupied by only 2 individuals forming only 2 households i.e. 1 person occupying each flat.
  • A property where the landlord and his family are resident with up to 2 tenants.
  • Houses occupied entirely by freeholders or long leaseholders.
  • Buildings managed or owned by a public body e.g. police, NHS, R.S.L., a local housing authority, educational establishment, bail hostel or care home.