New Legislation on Licenced Houses in Multiple Occupation is coming in 1st October 2018
What is going to change?
The government has decided to extend the scope of mandatory licensing to bring smaller houses in multiple occupation within the scheme and removing the number of storeys.
Mandatory licensing will now include:
- All HMOs with 5 or more occupiers
- living in 2 or more households
- regardless of the number of storeys. Effectively this means the storey requirement will be removed from the current definition.
Change in room sizes. Any room below 6.25sqm will not be able to be used for occupation, therefore there is a minimum room size of 6.25sqm for a single room, and 10.23sqm for a double room.
If you ARE A LANDLORD and answer YES to the following questions, then YOU WILL NEED TO APPLY for an HMO Licence by 1st October 2018:
- Is the property occupied by 5 or more persons?
- Do the occupants form 2 or more households?
- Are basic amenities shared? e.g. bathroom, kitchen.
As long as you have applied for your licence by 1st October 2018, this will be complying with the new legislation under the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018. It will take us a while to process your application. You do not need to have the actual licence from us by the 1st October, you just need to have applied.
How do I apply for a licence?
You can apply online using the form below, or download and complete a paper application form. You will need to pay a fee of £300.
Once your application has been received by us, we will examine your application and your supporting documents and provide a licence as soon as we can. We can inspect your property at any time, but have a 3 year period once we have provided your licence, if we consider that is appropriate in your particular case. Each application is judged on a case by case basis.
The Council can refuse your application if the property does not meet the conditions and the landlord or manager is not a fit and proper person.
If a landlord fails to bring a HMO up to the required standard, or fails to meet the fit and proper person criteria, the Council can issue an Interim Management Order (IMO), which allows it to step in and manage the property. The owner keeps their rights as an owner. This order can last for a year until suitable permanent management arrangements can be made.
If the IMO expires and there has been no improvement, then the Council can issues a Final Management Order. This can last up to five years and can be renewed.
If a landlord or person in control of a property intends to stop operating an HMO or reduces the number of occupants and can give clear evidence, then he or she can apply for a Temporary Exemption Notice. This lasts a maximum of three months and ensures that a property in the process of being reverted to an ordinary dwelling does not need to be licenced. If the situation is not resolved, then a second Temporary Exemption Notice can be issued.
When this runs out, the property must be licenced, become subject to an Interim Management Order or cease to be an HMO.
Offences and Penalties
It is an offence if the landlord or person in control of the property:
- Fails to apply for a licence for a licensable property, or
- Allows a property to be occupied by more people than are permitted by the licence.
A fine of up to £20,000 may be imposed. In addition, breaking any of the licence conditions can results in fines of up to £5,000 for each offence.
A tenant living in a property that should have been licenced, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months). The Council can also reclaim any housing benefit that has been paid during the time the property was without a licence.
Check the Register
If you manage or operate a licensable property without a valid licence you are breaking the law.
Check the HMO Licenced Properties Public Register to see if a licence has been issued.
If you require any further information, please view our frequently asked questions or contact the Environmental Services Team (Domestic) by completing our online enquiry form or use the contact details below.
Domestic Team, Environmental Health, East Cambridgeshire District Council, The Grange, Nutholt Lane, Ely, Cambs, CB7 4EE
Tel: 01353 665555
If you are unhappy with the Council's decision, you may appeal to a residential property tribunal. Any appeal must be made within 28 days of the decision being made.
You may also appeal to a residential property tribunal regarding conditions attached to a licence or any decision to vary or revoke a licence. Any appeal must be made within 28 days of the decision being made.
If a HMO licence is granted and other parties wish to appeal against it being granted they may do so to a residential property tribunal within 28 days of the decision being made.
If you are an applicant or a third party, you should always contact East Cambridgeshire District Council in the first instance if you have any queries, concerns or cause for complaint preferably in the form of a letter with proof of delivery.