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Information for tenants living in a HMO

The following page is a guide to legal duties of landlords and tenants in relation to the  management of houses in multiple occupation (HMOs).

The regulations in relation to the management of HMOs are the Management of Houses in Multiple Occupation (England) Regulations 2006. These regulations apply to all HMOs imposing duties in the main on managers but with some requirements also on residents to ensure that good conditions are maintained.

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There is an exception in the case of a Section 257 HMO which are covered by the Licensing and Management of Houses in Multiple Occupation (Additional Provisions)(England) Regulations 2007)

Under the Housing Act 2004, a building or part of a building is an HMO if:

  • It meets the standard test
  • It meets the self-contained flat test
  • it meets the converted building test
  • A declaration notice is in force
  • It is a converted block of flats.

The What is a HMO? leaftlet provides information to help you to determine if you operate a HMO and who the manager is.

Under the regulations in relation to the management of HMOs are the Management of Houses in Multiple Occupation (England) Regulations 2006 duties are imposed on managers to ensure that good conditions are maintained.

The Managers of HMOs Duties leaflet provides information to help the manager ensure that the required regulations are observed in relation to the following provision.

  • Safety of Residents
  • Refuse and litter
  • Windows and Ventilation
  • Communal Areas
  • Individual Living Accommodation
  • Water and Fuel Supplies
  • Provision of Information

Residents must:

  • Allow the Manager reasonable access to their accommodation to carry out his duties;
  • Give him any information he needs in order to carry out his duties;
  • Comply with reasonable arrangements for fire safety and refuse disposal.

Residents must not:

  • Hinder the Manager in the performance of his duties;
  • Deliberately damage anything, which the Manager must keep in repair.

If a manager has failed to manage a property adequately and has breached the regulations, then the Council will take action. Managers will be notified of contraventions by way of a formal letter stating the contraventions observed, works required to be carried out and a time period for completion. Failure to comply with these requirements is likely to lead to prosecution to ensure the property is brought up to the necessary standard.

If the council believes that the management of the property is so poor as to present an imminent risk to the health, safety and well being of the tenants, then it has the power to prosecute the Manager without giving notice of the defects. If such a case is taken, Managers, upon conviction, may face fines of up to £5,000 for each regulation that has been breached.

The Private Sector Housing team deal with repairs, fire precautions and management standards in private rented accommodation. Contact us using the details shown on this page.