Effects of the Housing Act 2004 On Houses In Multiple Occupation

Maria HickmanMaria Hickman

Housing Renewal ManagerHousing Renewal Manager

Stroud District CouncilStroud District Council

Effects of the Housing Act 2004 On Houses In Multiple Occupation

Maria HickmanMaria Hickman

Housing Renewal ManagerHousing Renewal Manager

Stroud District CouncilStroud District Council

Housing Act 2004

Presentation Objectives

• New HMO definitionNew HMO definition• HMO LicensingHMO Licensing• HMO StandardsHMO Standards• Housing Health & Safety Rating Housing Health & Safety Rating

SystemSystem• QuestionsQuestions

HMO definition

House, hostel or flat occupied by more than one House, hostel or flat occupied by more than one household and three or more persons where sharing household and three or more persons where sharing of amenities and rent or other amounts are payable of amenities and rent or other amounts are payable

Converted building where one or more of the units of Converted building where one or more of the units of living accommodation do not consist of a self living accommodation do not consist of a self contained flatcontained flat

House converted into self contained flats which does House converted into self contained flats which does not meet 1991 Building Regulations and less than not meet 1991 Building Regulations and less than two thirds of flats on long leases (i.e. more than a two thirds of flats on long leases (i.e. more than a third are tenanted)third are tenanted)

HMO definition

These properties are occupied by:These properties are occupied by:

Persons who do not form a single household unless Persons who do not form a single household unless they are members of the same family. Same they are members of the same family. Same family includes foster children. Allows for same family includes foster children. Allows for same sex couples. sex couples.

Must be occupied as only or main residence (but Must be occupied as only or main residence (but includes refuges or residences of full time includes refuges or residences of full time student)student)

Non HMOs

Houses owned by LAs, RSLs, police, Houses owned by LAs, RSLs, police, fire or health authoritiesfire or health authorities

University owned accommodationUniversity owned accommodation

ChurchesChurches

Houses occupied by only 2 persons Houses occupied by only 2 persons forming 2 householdsforming 2 households

HMO Licensing

Housing Act 2004 Part 2 Housing Act 2004 Part 2 - - introduces national mandatory scheme of HMO introduces national mandatory scheme of HMO

licensinglicensing

- applies to HMOs of 3 or more storeys occupied by - applies to HMOs of 3 or more storeys occupied by at least 5 peopleat least 5 people

License requirements• reasonably suitable for occupation reasonably suitable for occupation

by number of persons or by number of persons or householdshouseholds

• Licence holder and manager is fit Licence holder and manager is fit and proper personand proper person

• proposed manager is competent proposed manager is competent • proposed management proposed management

arrangements are satisfactoryarrangements are satisfactory

Licence conditions

Conditions include:Conditions include:• Annual gas, electrical, furniture checks • Adequate fire precautions• Written statement of terms of all tenancies• Management, use and occupation• Condition and contents• Behaviour of tenants/visitors• Specific works

Licence Duration

Can be up to 5 yearsCan be up to 5 years

Will be three years in GloucestershireWill be three years in Gloucestershire

Cost of a Licence

Cost for Gloucestershire will be £350 Cost for Gloucestershire will be £350 for 3 years. for 3 years.

Additional hourly charge for Additional hourly charge for substantial additional work where substantial additional work where applications incompleteapplications incomplete

Meeting the Standard(s)

StandardsStandards• HHSRS – good repair, ask!HHSRS – good repair, ask!• Amenity Standards for licensable Amenity Standards for licensable

HMOsHMOs• HMO Management RegulationsHMO Management Regulations• www.homestamp.comwww.homestamp.com

Amenity Standards

Heating – Heating – each unit to be equipped with each unit to be equipped with adequate means of space adequate means of space

heatingheating

Washing facilities –Washing facilities – 1 to 5, whb in every unit, 1 to 5, whb in every unit, bathroom and WC separate if > 5 personsbathroom and WC separate if > 5 persons

Kitchens – Kitchens – “sufficient” facilities“sufficient” facilities

Fire precautions – “Fire precautions – “necessary”necessary”

www.homestamp.com

Replaces the existing housing fitness Replaces the existing housing fitness standard with an evidence-based standard with an evidence-based approach which assesses 24 approach which assesses 24 categories of housing hazards in categories of housing hazards in relation to the risk to the potential relation to the risk to the potential occupant who is most vulnerable to occupant who is most vulnerable to that risk.that risk.

Housing Health & Safety Rating System

Hazard Rating

• Assesses 29 categories of housing Assesses 29 categories of housing hazard based on the risk to the hazard based on the risk to the potential occupant who is most potential occupant who is most vulnerable to that hazard.vulnerable to that hazard.

• It provides a rating for each hazard It provides a rating for each hazard expressed as a numerical score.expressed as a numerical score.

• Scores are then banded into 10 Scores are then banded into 10 bands A to J.bands A to J.

Hazards Assessed

1. Damp/mould growth (2)2. Radiation3. Noise4. Fire 5. Excess heat/cold (2)6. Uncombusted fuel Gas7. Hygiene (2)8. Hot surfaces9. Asbestos10. VOCs11. Structural 12. Food safety

13. Entrapment14. Biocides15. Crowding & space16. Water supply17. Explosions18. Carbon monoxide etc19. Intruders20. Falls (4) 21. Ergonomics 22. Lead 23. Lighting 24. Electrical

Hazard Category

• Scores in bands A to C (>1000) are classed as Category 1 hazards.

• Scores in bands D to J (<1000) are classed as Category 2 hazards.

• LA has a duty to act in relation to Category 1 hazards and a power to act in relation to Category 2 hazards.