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HMO Licensing
Housing Act 2004
A major change to improve standards of shared housing came in when the parts of the Housing Act 2004 relating to the licensing of HMOs (Houses in Multiple Occupation) and the new Housing Health & Safety Rating System for assessing property conditions came in to effect in 2006.
The Act requires landlords of many Houses in Multiple Occupation (HMOs) to apply for licences. The HMOs that need to be licensed are those with:
- three or more storeys, which are
- occupied by five or more people forming two or more households (ie people not related, living together as a couple, etc), and
- which have an element of shared facilities (eg kitchen, bathroom, etc)
Properties that are required to be licensed need to meet certain standards - our HMO Licensing Standards [PDF 104kb] are available to view or download here. If you have any comments on these standards, please contact us as detailed below.
Landlords need to apply to the council’s Private Sector Housing team for the licences. It has been illegal for landlords to run the properties covered in the act without a licence since July 2006.
The HMO Licensing application forms are now available to download from this website or from the Private Sector Housing’s offices at Hove Town Hall. Alternatively, applications can be made on line here.
Applications must be accompanied by the appropriate fee, as decided by the council’s Housing Committee on 30 March 2006 - for further details see our HMO Licensing Fees page.
When we receive correctly completed application forms and the fee, we will write to landlords to confirm receipt. This should normally be within ten working days. Landlords will be operating legally once a valid application has been received by the council even if we have not yet granted a licence, unless we ultimately decide to refuse a licence.
The Housing Act includes a formal appeal process for people who are unhappy with the council’s decisions on applications. Appeals are made to the Residential Property Tribunal at their regional office in Chichester. Their contact details are available here, with further guidance available from that web page via the ‘Forms and Publications’ tab.
Register of HMO Licences
The council maintains a register of HMO licences, which is available for inspection at Hove Town Hall, preferably by appointment, during office hours. Please contact Private Sector Housing for details. Contact details are below. A list of fully licensed HMOs is available here.
For further information about the introduction of HMO Licensing, see our HMO Licensing in Sussex information sheet [PDF 243kb] or visit the government website here
If you think your property may need to be licensed or have any questions, please ring Private Sector Housing on (01273) 293156 or e-mail us on psh@brighton-hove.gov.uk.
Frequently asked questions
What is a HMO?
'HMO’ stands for House in Multiple Occupation. However, it does not have to be a house. It can be a building or a part of a building if:
- it is used for living accommodation
- by more than two people
- who are not part of the same family
- who share one or more basic amenities (bath/shower, WC or kitchen)
- and pay rent
In certain circumstances, some properties converted into flats can also be HMOs.
As far as licensing is concerned, attics and basements are included as storeys if they are used as part of the living accommodation. Previously, HMOs were only defined as houses converted into flats or bedsits, but the new act widens this definition and many more shared houses are now included. In Brighton & Hove, this is likely to affect a lot of student housing.
What does licensing mean?
Landlords have to complete application forms and pay a fee, and we then assess whether the property is suitable for the number of people the landlord wants to rent it to. In most cases, we will visit the property to assess if kitchen facilities and fire precautions are adequate. We will then decide whether or not to grant a licence and if the licence needs to include any conditions requiring any changes. We have to consult with the landlord about the proposed licence before we finalise it.