Mandatory Licensing

Mandatory licensing from 6 April 2006 will include HMOs (other than those that are exempt from definition as an HMO and converted blocks) which:

  • consist of three storeys or more, and
  • are occupied by five or more persons, and
  • it is occupied by persons living in two or more single households.

Converted blocks of flats that fall within the definition of HMO (see 3.1 above) will not be subject to mandatory licensing. The Government intends that additional licensing should be available to tackle such blocks that are problematic (see 4.6 below).

In calculating three storeys, attic or basement accommodation used, or capable of being used, for residential purposes should be taken into account. It is also intended that any part of a building not used for residential purposes, such as commercial premises on the ground or upper floor of a building, will form part of the HMO for determining the number of storeys, but shall be excluded for all other purposes. Basements in purely commercial use will not be included.