Houses in multiple occupation (HMOs)
HMO Licensing
On the 6 April 2006, HMO licensing was introduced under the provisions of the Housing Act 2004. This replaces the council's existing registration scheme. All local authoriities must licence properties that are at least three or more stories high with five or more persons who form two or more households. This is known as mandatory licensing. Provison has also been made for discretionary licensing where local authorities can extend the licensing system to include other HMOs. This is known as additional licensing. When the new licensing scheme was introduced in April 2006 Ealing was automatically granted an additonal licensing scheme to cover the HMO categories that were previously registered. Details of this can be found in the link to the public legal notice below.
Public legal notice: houses in multiple occupation
The additional licensing scheme expires in April 2009 and the council intends to apply to the government to continue with additional licensing. With additional licensing we can specify the maximum number of poeple who can occupy the house and attach conditions relating to the management of the building as well as making sure amenities are kept up to standard.
What is an HMO?
A house in multiple occupation (HMO) is any building or part of a building such as a house, flat, maisonette, bungalow etc that is occupied by people who do not live as a single household (such as people in a family relationship) and where they share (or lack) one or more basic amenities, such as a toilet, or personal washing and cooking facilities. Bed-sit accommodation and houses or flats occupied by sharers where there is no family relationship are examples of HMOs.
A HMO can also be a house or building that has been converted into self-contained flats, if the conversion was below the standards set by the Building Regulations 1991 and at least one third of the flats are tenanted. A purpose-built block of flats is not an HMO (however, an individual flat within it might be if it is let to three or more tenants).
Another example is a converted building where there is a mix of self-contained and non self-contained accommodation.
What is a householdPeople are to be regarded as not forming a single household unless they are all members of the same family. Members of the same family include:
- married couples or cohabitees who live together as husband and wife
- same-sex couples who are in an equivalent relationship
- parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews, nieces and cousins
- half-blood relationships, eg half-brother or half-sister, are treated as full-blood relationships
- stepchildren are treated as children
- a person is also a relative of another person if one of them is a relative of one member of a couple and the other is a relative of another member of the couple
How to apply
To license a property, landlords need to complete an application form (pdf).Notes about how to fill out the form (pdf) are available, while it can also help to read more about HMO licensing (pdf) before completing the application form.
Landlords will be required to pay a licence fee (excel). The fee will vary depending on the number of rooms and floors in the property. Discounts will be made available to landlords who have been accredited or belong to a recognised landlord association. A license will usually be issued for a five-year period, but in exceptional circumstances they can be issued for a reduced period.
Applications should be sent to:
Proactive Housing, Residential Services, Housing and Environmental Health, Perceval House, 14-16 Uxbridge Road, Ealing, W5 2HL
Things we must consider before we can grant a licence
- the house must be reasonably suitable for the number of occupants and must comply with the standards in respect of bathroom, toilet and kitchen facilities (word) and the space standards (word)
- the proposed licence holder or any proposed manager must be a fit and proper person. In assessing this we could consider any previous convictions in relation to violence, drugs, fraud, sexual offences, housing law and so on
- the proposed licence holder or proposed manager must also be the most ‘appropriate person’, such as the owner of the property or his agent, or whoever is in receipt of rents and has control over the general management of the property
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the proposed management arrangements must be satisfactory. For example, there must be procedures in place for general maintenance and repairs, and suitable funding arrangements
If we are not satisfied that some of the above matters have been fully met - such as sufficient provision of bathrooms or kitchens, or sufficient management arrangements - we can grant a licence which includes conditions that any failings must be put right within specified periods of time. The Housing Act 2004 sets out the conditions that must be met by the licence holder. These conditions require the licence holder to supply an annual gas safety certificate, ensure that electrical appliances and furniture are in a safe condition, that smoke alarms are installed, and to provide occupiers of the house with a written statement of terms under which they may occupy it. A licence cannot relate to more than one property and is not transferable.
Will the property need to be inspected before a licence can be granted?
We do not always have to inspect a property before we grant a licence. However if we are not provided with all the relevant information - such as details of the occupancy or of bathroom, toilet and kitchen amenities - it is likely that we will need to inspect the property before granting a licence.
We are also placed under a statutory duty to satisfy ourselves as soon as reasonably practicable after an application for a licence has been made, that the HMO is free from any serious hazards under the Housing Health and Safety Rating System (HHSRS).
What are the penalties for failing to licence your property?
Failure to obtain a licence and breach of licence conditions are criminal offences. You can be fined up to a maximum of £20,000 for failing to obtain a licence and £5,000 for a breach of a licence condition. Furthermore, in certain circumstances a landlord may be required to repay rent or housing benefits received while the HMO was unlicensed. The council also has powers to take control of a property where there is no prospect of it being licensed, to protect the safety, health and welfare of the occupiers or neighbours.
London Landlord Accreditation Scheme
The London Landlord Accreditation Scheme (LLAS) is a London wide scheme, which is made up of various Landlord Organisations, University Accommodation Units and the 33 London Boroughs.
The accreditation scheme aims to provide landlords with the necessary skills to run a successful business and can give access to many useful services and benefits. Here at Ealing we have a £75 discount on our HMO licence fee for accredited landlords. This accreditation scheme is different in that it accredits the landlord rather than individual properties.
In order to become accredited landlords need to attend a one day approved property management course.
We are currently running local courses at Ealing Council, to be held in Perceval House, 14-16 Uxbridge Road Ealing, London W5 2HL. If you are interested in attending the course, please email us at privatehousing@ealing.gov.uk or call us on one of the numbers at the bottom of this page. For further information on the LLAS please visit the LLAS website.
Planning permission and other statutory requirements
Planning permission may be required in order to use a property as a HMO. Registration does not grant exemption from the need to obtain planning permission. Further information and advice may be obtained from
Planning and Surveying Services, Perceval House,14-16 Uxbridge Road, Ealing W5 2HL
Tel: (020) 8825 6600
Email: planning@ealing.gov.uk
Report an HMO
If you suspect a property in the borough is occupied by three or more unrelated people who share amenities, please do not hesitate to contact us at privatehousing@ealing.gov.uk. Although we carry out extensive surveillance work, there are inevitably some premises which go unidentified and information from the general public is invaluble to supplement our work.
Further information
Proactive Housing Team, Residential Services, Housing and Environmental Health, Perceval House, 14-16 Uxbridge Road, Ealing W5 2HL
Tel: (020) 8825 5115 or 5408
Email: privatehousing@ealing.gov.uk
Useful links
Communities and Local Government