Introduction
Conditions for licensed Houses in Multiple Occupation (HMOs) are set out in Part 2 of the Housing Act 2004. The Act 2004 also allows councils to apply discretionary conditions to regulate the management, use or occupation of the HMO, its condition and contents. This document explains standards and conditions set by the council for licensed HMOs.
There are 2 different sets of management regulations for HMOs depending on the type of HMO applicable. They are:
The Management of Houses in Multiple Occupation (England) Regulations 2006
This set covers HMOs that contain shared accommodation, such as house shares, bedsits, hostels and guest houses and other non-self contained accommodation. These types of HMOs are defined under Section 254 of the Housing Act 2004.
The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
This set covers HMOs that are buildings converted into self contained flats. These types of HMOs are defined under Section 257 of the Housing Act 2004.
All HMOs are subject to the Housing Health and Safety Rating System (HHSRS) which identifies 29 hazards. It is a risk-based evaluation tool used by local authorities for identifying and protecting against potential risks and hazards to health and safety, from any deficiencies present at properties.
The guidance outlined in this document informs conditions, included in property licences, for the Mandatory and Additional Licensing Schemes for HMOs. It is generally expected that this guidance will be followed. There may, however, be exceptional circumstances at a particular HMO that demands a lesser or higher standard.
Failure to comply with any licence condition could result in legal proceedings before a Court, a financial penalty imposed by the council or loss of the licence. In certain circumstances, this may also result in registration on the Government’s database of rogue landlords and property agents under the Housing and Planning Act 2016.
Part 2 - Bedsits and non self-contained units
Shared bathrooms
Amenity standards in relation to number of persons
Up to 4 occupiers
There should be:
- at least 1 bathroom and 1 Water Closet (WC) (the bathroom and WC may be combined)
- a wash hand basin in bathroom and in separate WC (if provided)
5 occupiers
There should be:
- 1 bathroom and
- 1 separate WC with wash hand basin (but the WC can be contained within a second bathroom)
- Except where a sink is provided - 1 wash hand basin, where practicable, in each unit of living accommodation
6 to 8 occupiers
There should be:
- 2 bathrooms with WCs and wash hand basins
- Except where a sink is provided - 1 wash hand basin, where practicable, in each unit of living accommodation
9 to 10 occupiers
There should be:
- 2 bathrooms and
- 2 separate WCs with wash hand basins (but 1 of the WCs can be contained within 1 of the bathrooms)
- Except where a sink is provided - 1 wash hand basin, where practicable, in each unit of living accommodation
11 to 15 occupiers
There should be:
- 3 bathrooms and
- 3 separate WCs with wash hand basins (but 2 of the WCs can be contained within 2 of the bathrooms)
- Except where a sink is provided - 1 wash hand basin, where practicable, in each unit of living accommodation
Individual bathrooms
Where there are no adequate shared washing facilities provided for a unit of living accommodation, an enclosed and adequately laid out and ventilated room with a toilet and bath or fixed shower supplying adequate cold and constant hot water should be provided for the exclusive use of the occupiers of that unit either:
- within the living accommodation; or
- within reasonable proximity to the living accommodation
These amenities should be located not more than one floor distant from the unit of accommodation.
All bathrooms should:
- have baths or showers, and wash hand basins, equipped with taps providing an adequate supply of cold and constant hot water and be connected to an appropriate drainage system
- have baths or showers, and wash hand basins, equipped with adequate splashbacks (300mm to baths and wash hand basins, full heights for showers) with an adequate waterproof seal between the splashbacks and the fitting
- be suitably and adequately heated and ventilated (see heating section below in Part 3 – All HMOs)
- be of an adequate size and layout to provide adequate changing and drying space for the users
- be provided with suitable floor coverings that are slip resistant, impervious and easily cleansable
Kitchens
Where a unit of living accommodation contains kitchen facilities for the exclusive use of the individual household, and there are no other kitchen facilities available for that household, that unit should be provided with:
- adequate appliances and equipment for the cooking of food
- a sink with an adequate supply of cold (from rising main) and constant hot water
- a work top for the preparation of food
- sufficient electrical sockets
- a cupboard for the storage of kitchen utensils and crockery
- a refrigerator
- a slip resistant, impervious and easily cleansable floor covering, extending 800mm from all units and having an edging strip to secure the edges and to mark the edges of any carpets
- appropriate extractor fans and fire blankets
Where kitchens or kitchens with dining facilities in them are shared, the requirements are those listed for kitchens and kitchens with dining facilities in them in Part 1 – Shared Houses.
Facility standards
Sinks
- minimum standard: a fixed impervious sink with a drainer. It should be provided with an adequate and wholesome supply of cold water and an adequate supply of constant hot water
- amount needed per unit: 1 sink
Cookers
- minimum standard: a cooker with at least 2 rings with an oven and a grill. Rings should be at a height level with adjacent worktops
- amount needed per unit: 1 cupboard
Electrical sockets
- minimum standard: points should be set at a convenient height and safe position
- amount needed per unit: 4 sockets (2 doubles). Additional dedicated sockets are required for a cooker and refrigerator
Worktops
For the preparation of food
- minimum standard: the worktop should be secure, fixed and of an impervious material
- minimum size: 600mm X 1000mm (in useable sections – do not include area underneath microwave or cooker)
Cupboard
For the storage of kitchen utensils and crockery.
- minimum standard: standard floor or wall mounted cupboard. The space below the sink unit is not acceptable to comply with this standard.
- amount needed per unit: 1 cupboard
Refrigerators
- minimum standard: a standard refrigerator with a minimum capacity of 0.15 sq m
- amount needed per unit: 1 refrigerator
Room sizes
A child (regardless of age) will be considered as a separate occupant in terms of these standards.
The minimum room sizes are also subject to each room being of a shape and floor to ceiling height offering adequate useable living space. In this respect only the floor area where the ceiling is 1.5m or higher will be counted.
A conservatory will not be counted as a bedroom, lounge, dining room or kitchen.
Bedsit with kitchen in room
| Number of occupants | Size (in sq m) |
|---|---|
| 1 | 13 sq m |
| 2 | 15 sq m |
Bedsit with separate kitchen
| Number of occupants | Size (in sq m) |
|---|---|
| 1 | 10.5 sq m |
| 2 | 14 sq m |
Separate kitchens
Separate kitchens must be at least 4.6 sq m.
Part 3 - All HMOs
Definitions
‘The council’ refers to Brighton and Hove City Council.
‘Licence Holder’ includes any agent or representative acting on behalf of the Licence Holder.
‘HMO’ means House in Multiple Occupation.
‘House’ means the house or flat that is the subject of the licence.
1. References
1.1
The Licence Holder must obtain references for prospective tenants.
1.2
It's understood that in certain situations it may not be possible to obtain a reference. For example, where it's a first tenancy or newcomer to the United Kingdom.
In these situations, you must provide evidence that:
- you have explained
- the tenant understands the implications of them not adhering to tenancy conditions
1.3
In addition, the Government’s requirements on the right to rent must be followed.
2. Tenancy management
2.1
The Licence Holder must give occupiers a written statement of the terms on which they occupy the House, a tenancy agreement.
The agreement should provide:
- a. Details of how deposits will be held and terms of return
- b. An inventory of contents and conditions at the start of the tenancy
- c. Details of rent and dates due, rent payment methods, and how and when rent may be increased
- d. Details of the means of contact for reporting repairs and any emergency issues
- e. Conditions placed on the tenant so that the House is not used for any antisocial purposes
Read a model agreement for a shorthold assured tenancy, for use in the private rented sector.
2.2
The Licence Holder must make a copy of the tenancy agreement available before the House is let so that tenants can read it before being asked to sign.
This also gives tenants an opportunity to get independent advice before signing.
2.3
Copies of the tenancy agreement must be provided for inspection upon demand by the council.
2.4
A copy of the licence and name, address and telephone number (including an emergency contact number) of the Licence Holder or manager must be made available to all tenants.
3. Overcrowding
3.1
The Licence Holder must not allow anyone to live or stay in the HMO if it exceeds a maximum number of persons. The licence will state how many people can occupy the HMO.
Tenants must be informed that they must not allow guests to sleep in their homes, except on an occasional short term basis. If this will exceed the permitted numbers shown on the licence. Short term is deemed as no more than a 2 week period, for when visiting friends or family.
3.2
The Licence Holder may be requested to provide to the council within 28 days of written notice, information below on occupancy at the HMO:
- names and numbers of persons and households in occupation, along with confirmation on rooms occupied by them
- if required, names and numbers of persons in each household
4. Utility supplies
4.1
The Licence Holder must not unreasonably cause a supply of gas, electricity or water to be interrupted at the HMO.
4.2
The Licence Holder must ensure that the tenant is able to access and obtain readings of all utility meters (gas, electricity or water) for the HMO at reasonable times throughout the tenancy. This includes a final reading at the close of tenancy.
The Licence Holder must supply to the tenant a written document, when the tenancy is signed, describing the locations of utility meters and access arrangements
4.3
The Licence Holder must ensure that the water supply and drainage system serving the HMO is maintained in good, clean and working condition.
5. Gas and carbon monoxide
5.1
If gas is supplied to the HMO, the Licence Holder must arrange for an annual gas safety check, carried out by a Gas Safe registered engineer.
A copy of the current gas safety certificate must be provided to the council at the time of the licence application and annually thereafter.
For annual copies of certificates, they then must be provided within the number of days demanded by the council.
The safety of all gas installations and appliances must be maintained.
5.2
The Licence Holder must ensure a carbon monoxide alarm is installed in any room in the House which is used wholly or partly as living accommodation and contains a fixed combustion appliance other than a gas cooker.
A room includes:
- halls
- landings
- bathrooms/lavatories
If not feasible to install alarms inside bathrooms or lavatories then fit within close distance to those rooms.
5.3
The Licence Holder must ensure that any carbon monoxide alarm installed in any room in the House is kept in proper working order.
5.4
The Licence Holder must supply within 28 days of demand by the council, a declaration by them as to the condition and positioning of any such carbon monoxide alarm or alarms.
6. Fire safety
6.1
The Licence Holder must ensure that smoke alarms are installed on each storey of the House, where there's a room used wholly or partly as living accommodation. A bathroom or lavatory is to be treated as living accommodation.
6.2
The alarms must be kept in proper working order and a declaration as to their condition and position must be provided to the council, on demand, within 28 days.
6.3
Compliance with 6.1 of this licence condition does not mean the House or HMO is subsequently free of any hazard of Fire under the Housing, Health and Safety Rating System.
Further action may have to be taken by the Licence Holder to mitigate this hazard.
6.4
Most HMOs will require a fire detection and alarm system (normally Grade D interlinked or Grade A system) installed in accordance with recommendations of the current British Standard (BS) 5839 Part 6 for domestic premises.
For new installations, a design, installation and commissioning certificate must be provided to the council, on-demand, within 28 days.
6.5
The fire detection and alarm system must be kept in proper working order and maintained and tested in accordance with recommendations of the current BS 5839 Part 6 for domestic premises.
A declaration as to the condition and position of the system, supported by appropriate documentation, must be provided to the council, on-demand, within 28 days.
6.6
Where a Grade A fire alarm and detection and emergency lighting system are installed, the Licence Holder must provide a logbook to the council, on-demand, within 28 days. The logbook must confirm that the system has been maintained correctly.
Annual tests and periodic checks, in accordance with the current BS 5839 Part 6 for domestic premises and BS5266 Part 1 (Emergency Lighting), will provide such confirmation.
6.7
The Licence Holder has a duty to complete and update a fire risk assessment for each House or HMO where there are common areas under the Regulatory Reform (Fire Safety) Order 2005 with additional requirements by the Fire Safety Act 2021 and Fire Safety (England) Regulations 2022.
This legislation is enforced by the East Sussex Fire and Rescue Service. Further information is included at the end of this document.
6.8
The Licence Holder must ensure that any common parts of the House or HMO used as a means of escape from a fire are:
- kept free from obstruction
- maintained in good order and repair
6.9
The LACORS Housing – Fire Safety - Guidance on fire safety provisions for certain types of existing housing may be consulted for achieving compliance with this licence condition. But, the Licence Holder must also have regard to the current BS 5839 Part 6 for domestic premises and any other appropriate guidance.
7. Electrical installations and appliances
7.1
The Licence Holder must ensure that electrical installations in the House are in proper working order and safe for continued use.
7.2
Within 28 days of demand by the council, the Licence Holder must supply a declaration on the safety of electrical installations at the House.
7.3
The fixed electrical wiring and installations:
- must be certified as safe by an electrician qualified to complete the test at least every 5 years, unless otherwise indicated on a previous inspection to be sooner
- must be in a ‘satisfactory’ condition
The Licence Holder must provide a valid Electrical Installation Condition Report (EICR) based on the current BS 7671 within 3 months from the date of licence issue.
7.4
An electrician is deemed qualified if registered with the:
- Electrical Contractors Association (ECA)
- National Inspection Council for Electrical Installation Contracting (NICEIC)
- National Association of Professional Inspectors and Testers (NAPIT)
The council may accept EICRs from other qualified electricians, provided their competence is proven.
7.5
There must be a minimum of 4 single or 2 double socket outlets in accessible positions in a bedroom or living room.
For numbers of socket outlets in kitchens see the kitchen facilities sections above.
7.6
Upon demand by the council, the Licence Holder must supply a declaration on the safety of electrical appliances, provided as part of the property tenancy at the House.
8. Heating
8.1
Each unit of living accommodation in a House or HMO must be equipped with adequate means of space heating, which should be capable of reaching and maintaining:
- 21 degrees C in living rooms and bedrooms
- 22 degrees C in bathrooms
- 18 degrees C elsewhere
within one hour of being turned on, when the external temperature is minus 1 degree C.
Adequate fixed-space heating is to be provided in every room including bathrooms and (where space allows) kitchens. Paraffin, liquid petroleum gas and free-standing plug-in electric heaters are not considered acceptable in this respect.
The heating should be provided with controls to allow the occupants to regulate the temperature within each individual letting room.
Heating systems should be designed to be of adequate size for the House or HMO.
8.2
Note, compliance with this licence condition does not mean the House or HMO is subsequently free of any hazard of Damp and Mould Growth (heating or insulation) or Excess Cold (heating or insulation) under the Housing, Health and Safety Rating System.
Further action may have to be taken by the Licence Holder to mitigate these hazards.
9. Furniture and furnishings
9.1
The Licence Holder must ensure that furniture and furnishings made available, as part of the property tenancy:
- are in a safe condition
- comply with current fire safety legislation
This includes all upholstered furniture, covers and fillings of cushions and pillows.
A declaration as to their safety should be made at the time of the licence application. In addition, a declaration must be provided upon demand by the council.
10. Energy efficiency
10.1
Energy Performance Certificates (EPCs) give information on how to keep a property more energy efficient and reduce carbon dioxide emissions.
The Licence Holder shall ensure the House, where required, has a valid EPC. A copy must also be supplied to the tenant or tenants.
The Licence Holder may be requested to provide the council with a copy of the EPC within 28 days of demand.
For guidance on a valid EPC refer to Energy Performance Certificates, Domestic private rented property: minimum energy efficiency standard – landlord guidance.
11. Property management
11.1
The Licence Holder must:
- take all reasonable steps for responding to repair issues at the House
- complete repairs within reasonable periods of time
11.2
Specifically, the Licence Holder must:
- provide, at the start of every tenancy, clean and in good repair, units of accommodation before tenants move in
- continue to keep inside the accommodation in a good state of repair, and where they are responsible for outside of the HMO keep that in repair and ensure the exterior (including boundary walls, fences and gates) is free from graffiti
- keep common parts of the House or HMO clean and good decorative repair - in shared houses, it's recognised cleaning shared facilities is usually the tenants’ responsibility but cleaning of communal areas in HMOs occupied as bedsits and flats (where tenants have exclusive rights of occupation for specific parts of the property under separate tenancies) is, however, a landlord’s or manager’s responsibility
- where the Licence Holder is responsible for outside of the HMO, ensure that gardens, yards and any external areas in the building’s boundary are kept reasonably clean and tidy and free from rodent infestation
- protect and secure the House or HMO within 24 hours of a notification, by completing necessary emergency work (for example, from damage to windows or entrance doors)
12. Property inspections
12.1
The Licence Holder must ensure inspections of the House are completed no less than every 6 months.
Inspections should identify any issues on how the House is managed or its condition.
Records of such inspections must be kept for the duration of the licence.
12.2
In addition, records must show:
- who completed inspections
- their date and time
- issues found
- action taken
The Licence Holder may be requested to provide to the council a copy of the records within 28 days of demand.
13. Waste and recycling
13.1
The Licence Holder must comply with the council’s waste collection scheme in place for the storage and disposal of household waste at the House.
Suitable and appropriately sited refuse and recycling containers must be provided. All rubbish containers must have a lid. Recycling containers must have a lid or a net.
All containers should also be kept in a clean and tidy condition and not stored outside the curtilage of the property.
13.2
The Licence Holder must provide new tenants with the information below on waste and recycling:
- collection days for refuse and recycling bins from the House
- details on what tenants can and cannot recycle
- how tenants can dispose of bulky waste and avoid penalties for any fly-tipping
13.3
The Licence Holder must ensure any rubbish or unwanted household items at the end of each tenancy are not left behind.
All items should be removed and disposed of appropriately before the next tenancy starts. This includes any items left:
- in front or back gardens or yards
- on the pavement in front of the House or HMO
14. Notification of changes
14.1
The Licence Holder must inform the council directly, by email or in writing, on any matter below within 28 days of occurrence:
- any change in ownership or management of the House
- any change in address, email or telephone number of the Licence Holder or their managing agent
- any change to their own or their managing agent’s circumstances which could affect the fit and proper person status of them or that agent
14.2
The Licence Holder must notify the council directly, by email or in writing, of any proposed changes in the construction, layout, fire precautions or amenities at the House. Especially, if this will affect the licence or licence conditions.
Notification should be made at least 28 days before starting work.
14.3
The address of the Licence Holder given on their application form, or a subsequent address provided by them, will be used for the service of any letter, notice or other document between the council and them.
15. Licence limitations
15.1
Transfer of licences
Licences cannot be transferred to:
- another person or organisation
- a new or different property address
15.2
Companies registered on Companies House
If the Licence Holder is a registered company and is dissolved whilst the licence is in force then the licence ceases to be in force upon that date of dissolution.
15.3
Planning permission
The licence does not grant any planning approvals, consents or permissions, retrospectively or otherwise for the House, under the Town and Country Planning Act 1990 or any related legislation.
15.4
Building Control
The licence does not grant any Building Control (Development Control) approvals, consents or permissions, retrospectively or otherwise for the House.
16. General
16.1
The Licence Holder must arrange for access, to be granted to council officers when requested, at any reasonable time.
They must not prevent council officers from carrying out their statutory duties. This includes inspecting, surveying and investigating the House to ensure compliance with licence conditions.
16.2
The Licence Holder shall ensure that if any alteration or construction works are in progress:
- works are completed at the House in such a manner as to ensure the safety of all persons occupying or visiting the property
- compliance with Health and Safety legislation is met
16.3
The Licence Holder shall ensure that on completion of any works, the House is left:
- in a clean and tidy condition
- free from builders' debris
Information and further advice
HMO Licensing
For help and advice:
- phone 01273 293 156
- send an email to psh@brighton-hove.gov.uk
Noise and anti-social behaviour
For help and advice on noise nuisance:
- phone 01273 294 266
- send an email to EHL.environmentalprotection@brighton-hove.gov.uk
Advice and guidance on anti-social behaviour is available from the Community Safety Team. You can:
- phone 01273 292 735
- send an email to communitysafety.casework@brighton-hove.gov.uk
Tenancy issues
For help and advice on any tenancy issue:
- phone the Housing Options Team on 01273 294 400
- send an email to housing.advice@brighton-hove.gov.uk
Domestic furnishings and fire
For help and advice on domestic furnishings and fire, send an email to trading.standards@brighton-hove.gov.uk
Fire safety risk assessment
If the licensed HMO includes common parts then a Fire Safety Risk Assessment may be required, in accordance with the Regulatory Reform (Fire Safety) Order 2005.
In addition, the Fire Safety Act 2021 and Fire Safety (England) Regulations 2022 clarify what other building elements such as flat entrance doors must be included in Risk Assessments.
To get more information from East Sussex Fire and Rescue Service you can:
- phone 0303 999 1000
- visit the East Sussex Fire and Rescue Service website
You can also view government guidelines on fire safety for those with legal duties
Waste and recycling
Find more information on waste and recycling services at the council.