In October, the UK government announced new housing rental rules to protect up to 850,000 tenants across the country from poor living conditions and overcrowding. Here I explain the changes and what this means for you.
What Are the New HMO Licence Requirements?
Although the majority of landlords provide decent accommodation, there are a few that flout the rules and provide a sub-par level of living for their private tenants. Therefore, new rules have been introduced in England and Wales to ensure this does not happen.
All landlords who let out a property to five or more people from at least two separate households with shared facilities must now get a HMO licence from their local authority. These rules previously only applied to properties that were three or more storeys, but the rules now apply to all properties. That will mean the number of licensable homes growing from 60,000 to 170,000 in the UK, and the estimated number of tenants in licensed properties increasing from 1.1million to 4million.
If you already have a licence under a local authority additional or selective licensing scheme, you will not need to renew this until it expires. Also, if the property is a purpose-built block of flats comprising of three or more units, you will not require a licence.
The changes do not stop at licensing though. The rights of a private tenant have also improved with the minimum size of a bedroom now at 6.5 square metres for single people or 10.22 square metres for rooms occupied by two adults. For children under the age of 10 years, the minimum is 4.64 square metres each. Great news for tenants, but perhaps bad news for landlords who have homes with smaller rooms which can no longer be used.
Please note: Any part of the room which is less than 1.5m in height cannot be counted towards the minimum size.
Furthermore, local councils must ensure tenants have a suitable place to store their rubbish outside their homes, with minimum numbers of bins.
Housing Minister Heather Wheeler MP said:
“Everyone renting a home has the right to expect it is maintained to a decent standard.
“Extending licensing to 170,000 more properties will ensure people benefit from better quality accommodation across the country.”
How to Get a HMO Licence
In order to secure a HMO licence, a landlord must prove to the council that they are a fit and proper person and that the property meets suitable standards for the number of residents. This will likely mean the manager or agent does not have a criminal record and has not previously breached the landlord code of practice.
Landlords will also be expected to provide the council with an up-to-date gas safety certificate every year, install and maintain smoke alarms, as well as provide safety certificates for all electrical appliances when requested.
You can apply for this licence yourself online from gov.uk and these usually last five years – it’s important to do so, as if you require a licence and rent out your property without one, you could be given an unlimited fine.
Furthermore, if you let out a room that does not fit minimum standards, you could be prosecuted by the local authority and receive a civil penalty under the new Housing and Planning Act 2016 provisions.
Please note: The fit and proper test is for the person who manages the property, not necessarily the person who owns it.
Want to Learn More About Landlord and Tenant Law?
Whether you own a property and want to learn more about your HMO landlord responsibilities or are a tenant with a dispute, our solicitors are here to help. Find out more about landlord and tenant law by getting in touch with our team today.
