Licensable HMOS (House in multiple occupation)

An HMO (house in multiple occupation) becomes licensable when:

It has 3 or more storeys AND

these are occupied by 5 or more persons, forming two or more households AND

there is some sharing of facilities.

A block of flats would not be licensable, unless any of the individual flats are shared by more than 2 tenants in two are more households.

What is a household?

Under the Housing Act 2004 the following are defined as ‘households’:

• Members of the same family living together including:
• Couples married to each other or living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex)
• Relatives living together, including parents, grandparents, children (and step-children), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins
• (Half-relatives will be treated as full relatives. A foster child living with his foster parent is treated as living in the same household as his foster parent).
• Any domestic staff are also included in the household if they are living rent-free in accommodation provided by the person for whom they are working.

Examples:

Three individuals sharing together would be three households

A couple sharing with a third person would be two households

A family of two adults and two children renting the property are one household

An au-pair would be included as part of the family’s household

What constitutes a storey?

• Basements and attics should be included when counting the number of storeys in the building if they are occupied or have been converted for use in connection with the occupation of the HMO. If they are just used for business then they need not be included.
• If you are a resident landlord and occupy one floor, you must include this in your calculations as a storey
• Any business occupation on a floor must be included. For example, a ground floor shop with two storeys of flats above.

 Applying for an HMO licence

If landlords and/or agents fail to apply for a licence may face fines of up to £20,000, a criminal record and potentially, rent repayment orders.

In the Borough of Melton properties of three or more floors, with five or more tenants belonging to two or more households are required by law to be licensed.

We will grant you a licence if we are satisfied that:

• the proposed licence holder (which can be the landlord or managing agent) are ‘fit and proper’ people
• the property and the tenancy are managed appropriately
• the accommodation meets all minimum standards such as sufficient number of toilets, kitchens and bathrooms for the number of residents

Licences will be issued with certain conditions attached.

Licences for HMOs in the Borough of Melton cost £400 and must be made on the appropriate application form (below) and you should also refer to Environmental Health.

·          Application form for Licensable HMO (PDF)

·          Application guidance (PDF)

Licensable HMO Public Register

There is currently only one premises on the public register:

1. 6A Park Road, Melton Mowbray LE13 1TT – Roger Hunt