Changes to HMO licensing

K

Kevin Crocker

New Member
Premium Member
Hi there,
Last week the government released a consultation response on the extension of mandatory HMO licensing. This response came nearly a year after the initial consultation took place. The purpose of this consultation was to explore whether or not mandatory HMO licensing should be extended to include some smaller but equally high risk HMOs.

At present any HMO occupied by five or more unrelated people who share one or more basic facility, which consists of three of more floors must have a mandatory HMO licence. There are additional and selective schemes running throughout the Country but this is the mandatory requirement.

The response has suggested that mandatory HMO licensing will be extended to include any property occupied by five or more people regardless of how many floors the building consists of. This would mean that a number of single and two storey buildings will become licensable next year. Purpose built flats above or below commercial premises have also been included, so long as there are three or fewer flats. A copy of this response document can be found at ...

https://www.gov.uk/government/consultations/extending-mandatory-licensing-of-houses-in-multiple-occupation-and-related-reforms

So what next? Well these proposals are not due out until next year, at this stage this is simply a consultation and there is nothing to panic about. Moving forward a number of HMOs are going to become licensable almost overnight. The government is proposing a six month 'grace' period following the approval of the legislation, so to give an example if the order is passed in March 2017 (which is very unlikely) then a landlord will have until September 2017 to submit their application form. Your local authority should be keeping you abreast of this change so if you are known to them expect some literature on the matter.

In the immediate, the government has released an additional consultation on the matter which includes the proposal of a national room size standard. At the moment this is proposed at 6.52sqm, inline with the overcrowding legislation. This again is just a proposal at this stage. If passed however, landlords could be faced with a hefty fine for letting out a room below this threshold. The consultation document can be found at...

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/560774/161018_HMO_CONSULTATION.pdf

So moving forward. Keep and eye out on the property forums for literature on this, speak with your local authority, speak with fellow landlords and most importantly stay ahead of it. You don't want to be caught out and be facing a fine of around £20,000 per offence.

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Best wishes,
Kevin
 
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