Introduction to HMO Lettings - Your Guide to HMO Licenses
As tenant demand for premium HMOs continues to skyrocket, recent studies draw attention to the hefty penalties for non-compliance with HMO regulations - ranging from £12,000 for not having a license to £31,250 for violation of license conditions. This emphasises the necessity for estate agents and their landlords at 'At The Place' to stay on top of their HMO lettings licensing requirements.
What does House in Multiple Occupation (HMO) mean?
HMO licensing is pertinent to large HMOs located in England or Wales. A House in Multiple Occupation (HMO) is a property that is leased by a minimum of three people who aren't part of a single household but use common facilities such as the bathroom and kitchen within the property. A household typically includes a family or a couple, while a group of friends sharing a house doesn't qualify as one. What characterises a large HMO? A property is recognised as a large HMO if all these conditions are met:
- It's leased to five or more individuals who constitute more than one household
- Some or all tenants share amenities such as toilet, bathroom, or kitchen
- At least one tenant is paying rent (or it's paid on their behalf by their employer)
Are HMO licenses needed for small HMO lettings?
Owners of smaller HMOs may still require HMO licenses, subject to the location of the property. This information can be verified with the local council of the property's area.
What prerequisites must a property and its landlord or agent satisfy to secure a HMO license?
To receive a HMO license, a property should be apt for the number of residents, which relies on its size and amenities. The HMO lettings manager - the landlord or the agent - must be regarded as "fit and proper", implying that they shouldn't have any criminal history or prior contravention of landlord laws or codes of practice.
What responsibilities do the agent or landlord of an HMO lettings property have? The landlord or estate agent managing an HMO must also:
- provide the council with an updated gas safety certificate annually,
- install and upkeep smoke alarms,
- offer safety certificates for all electric appliances upon request.
Additional conditions, such as enhancing the quality of the property's amenities, may be added to the HMO license by the council.
What are the repercussions for not having a license?
Estate agents must confirm that their landlords' properties are duly licensed, or they could face prosecution and an uncapped fine or a civil penalty up to £30,000, while landlords might be compelled to refund tenants up to a year's rent.
Does licensing only apply to HMOs?
Even if a property is not an HMO, it may still be subject to further license stipulations. The Housing Act 2004 grants local authorities the right to enforce selective licensing of privately rented properties to tackle issues in their area related to low housing demand and/or disruptive behaviour. It's essential to check with the respective local authority to discern if a rental property needs to be licensed.
What impact have the HMO licensing laws had?
Data from Octane Capital in April revealed that the average price of HMOs in Britain is £364,508, a whopping 32% higher than the general property market. However, the data also indicates a decline in the number of HMOs on the market, decreasing by 3% - from 511,278 in 2019/2020 to 497,884 in 2020/21 - with the steepest drop observed in London. "Amendments to HMO licensing have unquestionably aimed to guarantee the safety and wellbeing of the tenants nationwide and ensure everyone has access to a basic standard of living. However, this has led to a decrease in the quantity of operational HMOs in the rental market, especially in London," says Jonathan Samuels, CEO of Octane Capital. Whether this is a lasting pattern or merely a temporary dip following alterations to tenant movement during the pandemic is yet to be seen.
At 'At The Place', we strive to guide you through your HMO lettings journey seamlessly, ensuring all regulatory requirements are met. If you have any questions or need assistance with your HMO lettings, please get in touch with us at 0333 358 0668 or email us at info@at-the-place.com.