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New HMO laws are now live across England!!!

This entry was posted on Monday, October 8th, 2018 by Nigel

From 1st October 2018 the criteria for what constitutes a large HMO in England has changed.

WHAT IS THE NEW CRITERIA?
If a property houses five or more occupants, from at least two unrelated households irrespective of the number of storeys that the property has, it must have a HMO licence.

Does your NON-LICENSED HMO need a licence?

You need to carefully assess if your property will fall under the new classification rules and take action to ensure you have a mandatory licence.

  • Already applied?
    If you’ve already applied for a mandatory HMO licence on a property and it has been granted before 1st October, the licence will commence from the 1st October.
  • Properties currently subject to Selective Licensing
    If a property is currently subject to Selective Licensing and you’ve applied for the licence before 1st October, the Local Authority should grant a mandatory HMO licence to begin from 1st October 2018.
  • Properties currently licensed under a mandatory or additional scheme
    If a property is currently licensed under a mandatory or additional scheme, the existing licence will remain valid until it expires. This means that Local Authorities must only enforce existing conditions of the licence until expiration. You should receive necessary information from your Council about the new requirements prior to the expiration of your current licence. The new mandatory licensing conditions will then apply from the renewal of the existing licence.

DO YOU KNOW WHAT THE NEW MINIMUM ROOM SIZES ARE?

Further changes mean that rooms used for sleeping in large HMOs will have to adhere to minimum room size requirements, using the Government’s standards below:

  • Children aged 10 & under: 4.64 Square Meters
  • 1 Person aged 10 or over: 6.51 Square Meters
  • 2 People aged 10 and over: 10.22 Square Meters

Whilst it’s expected that most Councils will use the above figures, it’s important to note that Councils can set their own minimum room size requirements, so please check with your local council what these are. Along with the above HMO licensing changes, further rules relating to storage facilities and waste will apply from 1st October 2018.

You should be very cautious to check whether your property could now be classed as a licensed HMO.  If you run such property without a Licence this could lead to prosecution and a limited fine.  Alternatively, the Local Housing Authority may impose a financial penalty up to £30,000 as an alternative to prosecution.

If you have any questions or simply wish to find out more about the relevant licensing then please contact NGU Homelettings on 0191 491 0344 or email info@nguhomelettings.com

Alternatively for any practical hints & tips on refurbishing a HMO please click here

Best regards,

Katie Wybrant
New Lettings Manager
E: katiewybrant@nguhomelettings.com
T: 0191 491 0344 Option 1

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