The Housing Minister, Alok Sharma, has confirmed that the Government will be going ahead with its proposals to change the conditions for a mandatory license for HMOs to any property with 5 or more occupants in 2 or more households, regardless of the layout of the property (previously the property had to be of three storeys). Any flat or two storey house will be caught once regulations are brought in.
The announcement also confirmed that there will be minimum bedroom sizes for HMOs.
Rooms used for sleeping by 1 adult will have to be no smaller than 6.51 square metres, and those slept in by 2 adults will have to be no smaller than 10.22 square metres. Rooms slept in by children of 10 years and younger will have to be no smaller than 4.64 square metres.
The announcement also refers to the consultation response on the list of banning order offences, due to come into force in April 2018, but the full list if not set out (although the announcement says it is).
We might note in passing, with a degree of irony, that the DWP believes it is impossible to define a bedroom by a minimum size for the purposes of the Bedroom Tax. However, DCLG appear to have just done so, at least for private sector HMOs.
For what it’s worth, the draft Housing and Planning Act 2016 (Banning Order Offences) Regulations were laid before Parliament on 29 November 2017: http://www.legislation.gov.uk/ukdsi/2017/9780111162224 The regulations, once approved by each House and formally made, are indeed set to come into force on 6 April 2018.
I wonder if this will include a tenant subletting part of their own home to another person.
No, HMOs only.
I just read the Govuk link above and saw Alok Sharma saying this “Landlords will be held responsible for making sure the council’s rules on refuse and recycling are followed.”
Is this a new law? Have I missed it?
It would appear to be new.
Oh great…….now my job is going to have me rooting around in bins!
I presume this will apply to a lot of private student housing around the country.
HMO requirements already do. Yes more will be caught.
So what powers are being given to HMO landlords, so they can get tenants to keep to the rubbish rules etc?
so it would appear that a family of a couple with 2 children [4 people] who take in a lodger who shares a toilet with the family but otherwise has a separate existance – (2 households with 5 or more people) will have the full blown HIMO paraphenalia. Not very condciuve to attempts to get rid of mortgage arrears or contrary to the Rent a Room Scheme policy to increase accommodation and reduce homelessness. but I may have overlooked an exemption
You have. A resident landlord’s whole household only counts as one person for the purposes of HMO regulations. So your example would be two people.
I have looked again. (including 2006/ 371,372 & 373; 2007/1903; 2012/2111)
There is provision in s258 about households and here there would be 2 households.
There is also provision in s264 for an SI over the calculation of numbers of persons. I have been unable to locate an exercise of that power so as to calculate members of resident landlords’ household being calculated as one person (as opposed to one household).
I am obviously missing something very obvious.
“Properties are HMOs if a resident landlord lives with three or more other people who are not members of his or her household. The property must be licensed if, in addition to the resident landlord (and his or her household), there are four or more persons living in a property which is on three or more storeys.”
Page 7 at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9429/322463.pdf
Or
“For the purpose of calculating the number of persons living in the HMO the resident landlord and his household (if any) count as one person.” at 2.5 here
https://www.gov.uk/government/publications/letting-rooms-in-your-home-a-guide-for-resident-landlords/letting-rooms-in-your-home-a-guide-for-resident-landlords
Does “resident landlord” include a tenant who takes in lodgers?
Also what law defines these detailed regulations, as we can’t assume that government publications are correct?
I’ll find it when I have time. But not just Govt view.
OK, relevant bit for owner occupiers is Schedule 14, para 6(1) of Housing Act 2004.
https://www.legislation.gov.uk/ukpga/2004/34/schedule/14/paragraph/6
Will not apply to tenants who take in lodgers – must be freehold or long lease.
Relevant bit for owner occupiers is Schedule 14, para 6(1) of Housing Act 2004.
https://www.legislation.gov.uk/ukpga/2004/34/schedule/14/paragraph/6
Will not apply to tenants who take in lodgers – must be freehold or long lease.