Licence summary
If you rent out a property for house in multiple occupation (HMO), you may require a licence from your local authority.
A house in multiple occupation (HMO) is a house or flat occupied by people who do not live as a single household. These properties include: bedsits, shared houses, hostels, lodgings, some hotels or bed and breakfast establishments and houses that have been converted into self-contained flats.
Since 6th April 2006, when the Housing Act 2004 came into force,.mandatory licensing applies to HMOs (other than those that are exempt from definition as an HMO and converted blocks) which comprise of three storeys or more; are occupied by five or more unrelated tenants; and are occupied by persons living in two or more single households. This new legislation introduced licensing of some Houses in Multiple Occupation (HMO).
Converted blocks of flats that fall within the definition of an HMO are not yet subject to mandatory licensing. In calculating three storeys, attics or basements are included if used, or capable of being used, for residential purposes. Parts 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 are excluded for all other purposes. Basements in purely commercial use will not be included.
Eligibility criteria
Applications must be made to the local housing authority.
A fee may be charged.
You must be a fit and proper person to hold the licence.
Regulation summary
Please click here to access further information regarding the relevant legislation.
Guides on Licensing of HMOs for Landlords, Managers and Tenants are available to download, please go to the bottom of this page
Application evaluation process
Licences will be granted if:
• the house is or can be made suitable for multiple occupation
• the applicant is a fit and proper person and the most appropriate person to hold the licence
• the proposed manager has control of the house, and is a fit and proper person to be the manager
• the management arrangements are satisfactory
In addition, the HMO must comply with the Council standards as follows: be safe for occupants - the landlord must ensure gas appliances and electrical installations are safe for use, have sufficient fire precautions and safe means of escape from fire, have enough amenities such as kitchens, bathrooms and toilets; not be overcrowded; and be maintained in a good state of repair and clean condition by the landlord.
Target completion time
Your application should be determined within 120 days of receipt of all the information necessary for the Council to process and determine the application.
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the Council within a reasonable period, please contact us. You can do this online if you applied through the UK Welcomes service or use the contact details below.
Apply online (available from end December 2009)
Apply for a house in multiple occupation licence
Tell us about a change to your existing house in multiple occupation licence
Failed application redress
Please contact the Council's Environmental Health Department in the first instance.
Appeal
You may 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.
Contact details
Address
The Licensing Department
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
Tel: 01803 861234
Fax: 01803 861294
Email: licensing@southhams.gov.uk
Consumer complaints
If you wish to make a complaint of any kind about an HMO within the South Hams please contact us.
If you are not happy with the service the Council has provided with regard to your application, please contact Environmental Health & Licensing in the first instance, and we will try to resolve any concerns you may have.
The Council also has a formal complaints procedure, please use the relevant link to the right of this page if you wish to make a formal complaint about our service. Alternatively you may wish to write and send your letter by recorded delivery
Further information
Houses in mulitple occupation (HMO) are subject to more regulation than normal rented properties. The following leaflets provide more information to both landlords and tenants.
Trade associations
British Property Federation (BPF)
National Federation of Property Professionals
