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Licence - homes in multiple occupancy

What is a HMO (House in Multiple Occupation)?

A HMO, subject to exemptions is either:

a) An entire house which is let to 3 or more tenants who form 2 or more households and who share basic facilities.

b) A house that has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants and who form 2 or more households and who share basic facilities.

c) A converted house which contains one or more flats which are not wholly self-contained and which is occupied by 3 or more tenants who form 2 or more households.

d) A building which is converted entirely into self-contained flats if the conversion did not meet the Building Regulation standards and more than one third of the flats are let on short-term tenancies.

What is a licensable HMO?
A house with three or more storeys, and with five or more people living there, in two or more households. It is an offence to operate a licensable HMO without a licence. The licence makes sure that the property is safe and meets basic occupancy standards, for example, has enough bathrooms.

What counts as a storey?
Working out what counts as a storey in a house can sometimes be complicated. Basements and attics count, as do mezzanine floors. Sometimes other parts of the building such as shared stairs can count as a storey as well. Click here to view a simple guide to help you work this out. Opens in a new window If you are in any doubt please contact Environmental Health Services on 0845 12 11 555 or by e-mailing Envhealth@hambleton.gov.uk

What if it's a family that lives in the house?
The house only needs a licence if there are two or more households (people who are unrelated) living there.

Why are HMOs licensed?
If a property is licensed it means that it needs to meet certain standards to ensure that it's safe. It has been found, for example, that you are 16 times more likely to have a fire in a three storey HMO than in other types of property. The person managing the property also needs to follow a code of good management practice and be a fit and proper person, which means that the property will be well managed.

Fees and charges for licensed HMOs

A initial licence fee is charged for newly licensed HMOs, the fee varies depending upon the size of the HMO. Licences need to be renewed after 5 years for which a relicensing fee is charged. The relicensing fee is 50% of the current licensing fee. Click here to open the fees and charges information for 2011/12. Opens in a new window

Register of Licensed HMOs
The council has a duty under the Housing Act 2004 to maintain a public register of all HMO Licences, this can be viewed at the Civic Centre, Stone Cross, Northallerton, DL6 2UU.

What should I do if I think a property should be licensed but isn't?
You can check with Environmental Health Services to see if it's already been licensed, or simply tell us the address and other information you think is useful.

However you choose to contact us we will treat the information in complete confidence. Unless you specifically ask us to do so, we will not call or email you back, and we will not keep your contact details. We will never pass your details onto the landlord of the property.

Please phone us on 0845 12 11 555 or e-mail Envhealth@hambleton.gov.uk

I'm worried that I will be asked to leave if I report my property?
You can always contact us anonymously, and if you give us your contact details we won't let the landlord know without your permission. If the property does need a licence your landlord cannot ask you to leave simply to avoid having to licence the property. You can contact our tenancy relations team about illegal evictions. If the council decides to prosecute your landlord for not having a licence and that prosecution is successful, you may be able to apply to reclaim some of your rent through the Residential Property Tribunal.

I'm a landlord, what do I need to do to apply for a HMO Licence?
The HMO licence enforcement provisions came into force on 6 July 2006, it is now an offence to operate a licensable HMO without a licence - there are heavy penalties on conviction. The procedure for licensing is fairly complicated, we have therefore devised a Pre-application form which will help you to determine whether your property needs licensing.

If you would like to receive a paper copy of the pre-application form please contact us on 0845 12 11 555 or email us EnvHealth@hambleton.gov.uk

If your property is licensable, the application form and everything else you need is available below. Please note, we are offering appointments for landlords to go through their applications with them, please contact us for further information.

Please ensure you read the 'Notes' page of the Pre-application form very carefully.

Fire Safety Guidance
Guidance on fire safety standards expected in privately rented accommodation is available to assist in understanding what has to be done to comply with the Regulatory Reform (Fire Safety) Order 2005 and the Housing Act 2004. The intention of this guidance is to ensure that there is a consistent risk assessment approach in private rented properties by both Fire Services and Local Authorities. Compliance with the guidance will also satisfy the HMO licensing requirement. The licensing standard has now also been changed to reflect this.

General guidance for Private Landlords