Wigan Council: Houses in Multiple Occupation (HMO) Guidance, Space & Amenity Standards Wigan Council, Environmental Health PO Box 100, Wigan, WN1 3DS Tel: 01942 489 330 Web: www.wigan.gov.uk Wigan Council: Standards for Houses in Multiple Occupation Contents 1. What is a House in Multiple Occupation (HMO) 2. Licensing of Houses in Multiple Occupation 3. Housing Conditions Applicable to all HMOs 4. Standards Applicable to all HMOs 5. Space Standards 6. Amenity Standards 7. Fire Precautionary Measures 8. Certification 1. What is a House in Multiple Occupation? The Housing Act 2004 introduced a new definition of a House in Multiple Occupation (HMO). For a building, or part of a building, to form a HMO it must fall within one of the tests set out in Section 254 of the Housing Act 2004. For simplicity, we have summarised below the types of property that would be considered to be a HMO. • An entire house (or flat) which is let to three, or more people, who form 2, or more households, and who share a basic amenity e.g. a bathroom, toilet or cooking facilities. • A house which has been converted entirely into bedsits, or other non-self contained accommodation, and is let to three, or more, people who form 2, or more, households and who share a basic amenity e.g. a bathroom, toilet or cooking facilities. • A converted house which contained one, or more flats, which are not wholly self- contained (i.e. the flat does not contain within it a kitchen, bathroom or toilet) and which is occupied by three or more tenants who form 2 or more households. • A building which is converted entirely into self-contained flats and the standard of the conversion does not meet the standards of the 1991 Building Regulations, and more than one third of the flats are let on short-term tenancies. As a general rule for a building to be a HMO it must be used as the tenant’s only or main residence, or they are treated as so occupying it (i.e. properties let to students and migrant workers will be treated as their only or main residence and the same applies to properties used as domestic refuges); and rents must be payable, or some other consideration is to be provided, in respect of one of the tenants. 2. Licensing of Houses in Multiple Occupation Which HMOs must be Licenced? Mandatory HMO licensing applies to all HMOs of three storeys, or more, and are occupied by five, or more, persons who together do not all form a single household. Where the accommodation is situated in a part of a building that is above or below business premises, the storeys of the business premises are to be included in the calculation of the number of storeys. Habitable attics, basements or storage space are also to be included. How do I apply for a HMO Licence? For Licensable HMOs in Wigan you should obtain an application from Wigan Council. Who should apply? Normally the landlord(s) should apply for the licence, but the council will also accept an application from any person (e.g. a Managing Agent). The applicant is required to notify all of the following “relevant persons” that they have submitted an application: • The landlord (unless they are the applicant). • Any other owner(s) of the premises to which the application relates. • Any Leaseholder(s) of any part of the premises to which the application relates (unless they are the applicant) other than a tenant under a lease with an unexpired term of three years or less. • Any mortgagee. • The proposed licence holder (unless they are the applicant). • The proposed managing agent, if any (unless the agent is the applicant); and • Any person who has agreed to be bound by any conditions in a licence, if granted. The applicant will be required to certify that they have notified the relevant persons and will be asked to provide the council with their contact details. Who will be the HMO Licence Holder? The council must be satisfied that the proposed licence holder is the most appropriate person to hold the licence. This is the ‘person having control’ of the property and who receives the rack rent whether on his own account or an agent or trustee of another person. This may often be the landlord, or their managing agent to whom the rent is paid and who has authority, from the owner, to effectively manage the property. They will be the person who can authorise, organize and pay for works or essential repairs. They must be reasonably available for tenants to contact in case of problems and have the means to resolve issues arising. They will also be liable for any breaches of the licence. If the proposed licence holder is not considered suitable to hold the licence (e.g. because they are not fit and proper, or the management arrangements are inadequate) the council can agree that the licence be held by someone more appropriate, such as a managing agent. Will I have to pay a fee for a licence and how much does it cost? You will be required to pay a licence fee and you should look at the council’s website for more information on the current fee. What will the council take into account in deciding whether or not to grant a licence for an HMO? The council must look at the following factors: • The suitability of the HMO for the number of occupiers. • The suitability of the facilities within the HMO, such as toilets, bathrooms and cooking facilities. • The suitability of the landlord and/or the managing agent to manage the HMO (This is called the “fit and proper” test and is mainly concerned with whether the landlord or manager has any relevant convictions or has acted in a way that would indicate they are unsuitability to manage this type of residential accommodation.); and • The general suitability of managing arrangements. Are HMO Licences transferable? No, licences are not transferable. When the licence holder of an HMO either sells the HMO or ceases to be the most appropriate person to hold the licence, the new manager will need to apply for a new licence. In addition, persons controlling or managing several HMOs must have a separate licence for each building. 3. Housing Conditions Applicable to all HMOs Housing Health And Safety Rating System The Housing Act 2004 introduced The Housing Health and Safety Rating System (HHSRS). It is used to identify and assess if hazards in residential accommodation could be a risk to an occupants health or safety. As a standard the council would expect the HMO to be free from serious hazards. The HHSRS consists of 29 different hazards including: 1. Damp and mould growth 2. Excess Cold 3. Excess Heat 4. Asbestos and Manufacture Mineral Fibres – MMF 5. Biocides 6. Carbon monoxide and fuel combustion products 7. Lead 8. Radiation 9. Uncombusted fuel gas 10. Volatile organic compounds 11. Crowding and space 12. Entry by intruders 13. Lighting 14. Noise 15. Domestic hygiene, pests and refuse 16. Food Safety 17. Personal hygiene, sanitation and drainage 18. Water supply for domestic purposes 19. Falls associated with baths etc. 20. Falls on the level 21. Falls associated with stairs and steps 22. Falls between levels 23. Electrical hazards 24. Fire 25. Hot surfaces and materials 26. Collision and entrapment 27. Explosions 28. Ergonomics 29. Structural collapse and falling elements Further guidance for Landlord and Property Related Professionals on HHSRS can be obtained from; www.communities.gov.uk/documents/housing/pdf/150940.pdf 4. Standards Applicable to all HMOs Natural and artificial lighting Natural Lighting: All habitable rooms should have adequate natural light, provided via a window(s). It is advisable that the glazed area is equivalent to at least 1/ th of the room’s floor 10 area. Where practicable, all staircases, landings, passages, kitchens, bathrooms and toilets should also be provided with natural light via a window. Windows to bathrooms and toilets should be glazed with obscured glass. Artificial Lighting: All rooms and circulations areas within the property should have provision for electric lighting and should be controlled from suitably located light switches. Lighting on stairs should be capable of being switched on and off from both upstairs and downstairs. Ventilation All habitable rooms should have adequate ventilation provided directly to external air by an openable window. It is advisable that the openable area is equivalent to at least 1/ th of the 20 room’s floor area. In kitchens, bathrooms and toilets if there is no natural ventilation then forced mechanical ventilation should be provided to allow an adequate number of air changes per hour. Space heating The premises and each unit of accommodation should be provided with an adequate fixed heating system capable of maintaining reasonable temperatures to all parts of premises. Heating appliances dependent upon liquid fuel or liquid fuel gas under pressure are not acceptable. Water supply An adequate supply of cold drinking water under adequate mains pressure should be available at each kitchen sink provided. Bathrooms, shower rooms and sanitary conveniences Baths, showers, wash hand basins must reasonably sized compartments and constructed to maintain privacy. They must be equipped with taps providing and adequate supply of cold and constant hot water. All bathrooms/shower rooms must be adequately heated and ventilated. All bathrooms and toilets must be suitably located in, or in relation to, the living accommodation in the HMO. ‘Suitably located bathrooms’ means that they are not more than two floors distant in relation to the sleeping accommodation. ‘Suitably located toilet’ facilities shall be not more than one floor distant from living and sleeping accommodation. Refuse Sufficient refuse and recycling receptacles must be provided for tenants use. Kitchen facilities Adequate kitchen facilities should be provided to allow the storage, preparation and cooking of food in a safe and hygienic manner. Each kitchen should be equipped with the following equipment, which should be fit for the purpose and supplied in a sufficient quantity for the number of those sharing the facilities. Shared Kitchen Facilities: • Sink and draining board with an adequate supply of cold and constant hot water to each sink. Where practicable sinks shall be provided at a ratio of 1 sink for every 3 people sharing the kitchen (or part thereof). • Sufficient and suitably located electrical sockets. • Storage cupboards for the storage of food, kitchen and cooking utensils. • Refrigerator(s) with an adequate freezer compartment (or, where the freezer compartment is not adequate, adequate separate freezers). • Impervious worktops for food preparation. • A standard cooker, with minimum of 4 rings, shall be provided at a ratio of 1 for every 3 people sharing the kitchen (or part thereof). A microwave cooker will be acceptable as a second cooker. • Appliances dependent on liquid fuel or liquid fuel gas under pressure are not acceptable. • Appropriate storage for internal waste. kitchen facilities for the exclusive use of an individual household (i.e. Bedsits): • Sink with an adequate supply of cold and constant hot water to each sink. • A cooker, with a minimum of 2 rings. • Sufficient and suitably located electrical sockets. • A cupboard for the storage of kitchen utensils and crockery. • A refrigerator. • Impervious worktops for food preparation. • A cooker, with minimum of 2 rings. Antisocial Behaviour Anti-social behaviour (ASB) covers a wide range of problems and includes any behaviour that is capable of causing nuisance or annoyance to an individual(s) or the wider community. This type of behaviour can include: • Harassment and intimidating behaviour. • Hate crime, for example racist or homophobic abuse. • Behaviour that creates alarm and fear. • Noisy neighbours and loud parties. • Problems associated with people supplying, dealing or using drugs. • People acting in a manner which is likely to cause distress or nuisance to others, due to the consumption of alcohol. • Vandalism, graffiti and other deliberate damage to property. • Rubbish or litter lying around, abandoned cars etc. Landlords have a duty to take reasonable steps to ensure that tenants and their visitors are not causing problems within the boundaries of the property through anti-social behaviour. Where anti-social behaviour has been established a reasonable first step, in less serious cases, would be to ask the occupier to refrain from the conduct and warn him/her of the potential consequence of not doing so. If, after that approach, the problems persist then the licence holder should give the tenant(s) a written warning and contact other agencies, such as the Police, for advice and help to stop the problems. Following that course of action if there are still no improvements, or if the tenant(s) behaviour is so serious that there would be little point in invoking the previous steps, then landlord should take enforcement action, including possession proceedings. General All works must be completed in accordance with; • Gas Safety [installation & use] Regulations 1998. • IEE (Institute of Electrical Engineers) Wiring Regulations. • Furniture and Furnishings (Fire) (Safety) Regulations 1993. The council takes a serious view of the disconnection of electricity, gas or water services. Where appropriate the council may utilise Section 33 of the Local Government (Miscellaneous Provisions) Act 1976 to take legal possession of rent, or recover costs direct from owners, to pay outstanding utility accounts. In addition the council may also prosecute owners and/or agents for causing or allowing a disconnection. If you wish to deviate from any of the above standards you must discuss this with the council. The council encourages quality accommodation and adopts a flexible approach to discussions with landlords. If you are able to provide an alternative solution that works for your property and is within the legislative framework this will be considered. 5. Space Standards Rooms must comply with the space standards set out below. The standards apply whatever the occupants age. The floor area occupied by en-suite facilities or where the ceiling height is less than 1.5m will not be included in the floor space calculation. It assumes the room will be a reasonable height and free of potential injurious obstructions. Individual Bedroom Size (where separate kitchen facilities) Single Bedroom Accommodation For sleeping only 6.5 m2 (a separate living space must be provided in the property) For sleeping and living 9.0 m2 Double Bedroom Accommodation For sleeping only 11.0 m2 (a separate living space must be provided in the property) For sleeping and living 14.0 m2 Note: two persons shall comprise a single household (i.e. married couple) and no more than two people should occupy a suitable bedroom. Room sizes for the following communal rooms are given as a guide only. Other room sizes may be acceptable if the council can be satisfied that the size, design and layout of the room will still allow the occupants to prepare, cook and serve food in a safe and hygienic manner. Communal Rooms Kitchen Only 1-5 persons 7.0m2 6-10 persons 10.0m2 Kitchen / Diner 1-5 Persons 11.0 m2 6-10 Persons 19.5 m2 Living Room / Diner 1-5 Persons 11.0 m2 6-10 Persons 16.5 m2 Combined Bedroom Sizes (i.e. kitchen also in the room e.g. bedsit) Single Bedroom Accommodation For sleeping, living & cooking 13.0 m2 Double Bedroom Accommodation For sleeping, living & cooking 18.0 m2 Note: two persons shall comprise a single household (i.e. married couple) and no more than two people should occupy a suitable bedsit.