The Housing Act 2004 introduces the licensing of Houses in Multiple Occupation.
Local Authorities are required to license larger, higher risk HMOs, which initially will comprise those of three stories and above occupied by at least five persons who constitute more than one household.
Councils may also license other designated types of HMO under additional licensing provisions.
Definition of an HMO
The Housing Act 2004 introduces a new definition of what constitutes a House in Multiple Occupation (HMO).
A House in Multiple Occupation means a building (or part of a building, such as a flat), that:
is occupied by more than one household and where more than one household shares, or lacks an amenity, such as a bathroom, toilet or cooking facilities.
is occupied by more than one household and which is a converted building, but not entirely into self contained flats (whether or not some amenities are shared or lacking).
is converted self contained flats, but does not meet as a minimum standard the requirements of the 1991 Building Regulations, and at least one third of flats are occupied under short tenancies.
The building may be occupied by more than one household:
as their only or main residence
as a refuge of people escaping domestic violence
by students during term time
for other purposes prescribed by the Government
Persons do not form a single household unless they are members of the same family or they form a prescribed relationship defined by regulations. A household refers to:
families, including single people, couples and same sex couples
other relationships, such as fostering, carers and domestic staff
