Housing Act 2004
The regulations in the above Act concerning houses in multiple occupation (“HMOs”) became law in April 2006 and were enforceable from July 2006. There is a general wide definition of the regulations which state that the following are HMOs;
- Student accommodation during Term time;
- Properties inhabited by three or more people who are not a household and share kitchen and bathroom facilities. A household is defined as parents, grandparents, children, aunts, uncles and cousins.
- A building converted into flats pre June 1992 which does not comply with the Building Regulations 1991, has not been subsequently up-dated to the relevant fire safety standard and where a third or more of the properties are rented on short term tenancies.
The Landlord may not have to carry out any action to ensure compliance. The above properties like all private dwellings must comply with the Housing Health and Safety Rating System (HHSRS) which is the new statistical means of measuring hazard and risk of injury at the Premises. This system applies to all properties but those falling into the above category are subject to inspection by the environmental health office. The responsibility for ensuring the Premises comply is that of the Landlord. If we accept instructions to let the Premises and subsequently an order is served to comply with the HHSRS, if we incur any costs for compliance due to an order being service upon us, the Landlord agrees to reimburse us within fourteen days of written demand or agreeing by signing this document that the costs may be deducted from the Rent or other money received.
Under the Housing Act 2004 Landlord or certain property where individuals are living as more than one household will need to be licensed by their local authority. If your premises potentially require a licence you will either need to obtain a licence from the relevant local authority or we will only be able to let your premises to a single family group. The premises will require a license if it falls into the following definition;
If the premises are three storeys or more and has three or more occupiers who do not form one household and share kitchen or bathroom facilities.
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