Houses in Multiple Occupation (HMOs) are rental properties that are occupied by more than two people who form distinct separate households and share basic facilities such as the kitchen or bathroom. All housing, whether rented or otherwise, has to be free of major health and safety hazards, but HMOs are recognised as presenting some extra risks, and have to go that bit further, especially with regard to fire safety.
By law a property containing five or more persons who form two or more households requires a mandatory HMO licence. Additionally, where a group of three or more people who are not all members of the same family are living in the same building in Harlow, require an additional HMO licence.
As of 1 October 2018 a change in legislation now requires HMOs to meet minimum room sizes:
- 6.51 sq.m for a single room occupied by person(s) of 10 (and over) years of age:
- 10.22 sq.m for a double room occupied by person(s) of 10 (and over) years of age;
- 4.64sq.m for a child under 10 years of age
Any bedroom less than 4.64sq.m will not be able to be let as sleeping accommodation.
It is also advised that you check if you require Planning Permission, Building Regulations Approval and Covenant Consent for the works proposed.
Where applying for a licence is avoided until found by Council investigation this will attract a charge of £218. It is also an offence to operate an unlicensed HMO: this can attract a fine of up to £20,000. The Council can in certain cases make a Management Order and take over the management of the property. The owner will not have access to the property and the rent will be collected by the Council. Where owners have been prosecuted tenants can claim back any rent they have paid to the landlord whilst the property was not licensed.
The Council inspects HMOs on the basis of risk rating. HMOs must meet the appropriate standards for fire precautions and facilities for the number of occupants. Particularly important fire safety requirements are:
- A hard-wired interlinked fire alarm system is present
- The underside of the main staircase is lined to provide a 30 minute resistance to fire
- Fire doors providing 30 minute resistance to fire are fitted to all bedrooms and the kitchen leading onto the escape route
Application Evaluation Process
Licences will not be granted unless
- 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
How to apply
The following provides guidance on the application process:
- HMO fire risk assessment (pdf) - along with the application for a HMO you will also need to complete an HMO fire risk assessment
- Application form for HMO licence 2018 (pdf)
- HMO licence application process 2018-19 (pdf)
- HMO licence application renewal (pdf)
- Additional and mandatory HMO Licensing fees and charges 2018-19 (pdf)
The following is important information on the Council's standards for licensed HMOs:
- HMO Lacors fire safety guidance (pdf) - Guidance on fire safety provisions for certain types of existing housing
- Harlow Council amenity standards for HMO's (pdf) - Amenity standards to ensure that there are sufficient facilities for the number of residents
HMO Licences Public Registers
Registers of HMOs licences in Harlow:
- HMO Mandatory Licence - Public Register (pdf)
- HMO Additional Licence - Public Register (pdf)
- HMO Temporary Exemption Notice (TEN) Register (pdf)
These registers are also available for inspection at Harlow Council Civic Centre, please contact Environmental Health on 01279 446111 or by email: firstname.lastname@example.org to make an appointment.
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 local authority within a reasonable period, please contact it:
Failed Application Redress
Please contact us in the first instance. You may appeal to a residential property tribunal. Any appeal must be made within 28 days of the decision being made.
Licence Holder Redress
Please contact us in the first instance. 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.
If a licence is granted and you wish to appeal against it being granted you may do so to a residential property tribunal within 28 days of the decision being made.