Maidenhead Property Articles

Houses in Multiple Occupation (HMO)

HMO is commonly defined as an entire residential property (flat or house) that is rented to more than two tenants who do not form a single household with shared facilities (e.g., kitchen, bathroom, etc.).

There are several tests to verify whether a property is an HMO or not. The most popular court case is known as the Barnes vs. Sheffield Council (1995), which provides 9 useful questions to consider:

1. did the people (who are living in the house) move in together as a single group, or did they move in separately?
2. which facilities do the tenants share?
3. which parts of the property are the tenants responsible for? The whole house or just their rooms?
4. Can or do the tenants lock other tenants out of certain parts of the property?
5. How is a replacement tenant found if/when people move out? Who is responsible for finding the replacement tenants?
6. How are the rooms allocated?
7. What is the size of the property?
8. Are the tenants a stable group?
9. What is the style of living? Is it communal?

The Housing Act 2004 introduced a number of complex tests to set out the meaning of HMO:

• standard test
• self-contained flat test
• converted building test
• HMO declaration in force
• converted block of flats

It also clarifies certain exceptions, including:

• buildings that are controlled or managed by public sector bodies
• student accommodation controlled or managed by the educational establishment
• properties used by religious communities
• properties occupied by owners
• properties occupied by two people

There are also a number of standards that the Housing Act 1985 specifies for the HMOs.

The local authorities have the power to control the HMOs, and in certain parts of the country the HMO licensing, governed by the local authorities, is in place.