HMO's

[lingmoor]

Can anyone please tell me what constitutes a HMO? is it just the fact that the residences share common areas such as a kitchen, lounge, etc

There are NHS staff residences where residents have their own bedroom but have shared rooms as mentioned above. Rent is paid to the Hospital Trust.

Looking through the LACORS guide it says that "shared housed are described as HMO's where the whole property has been rented out by an identifiable group" and it mentions the residents 'not being related'

such as students or work colleagues...so I assume these are HMO's...or are they!

Para 35.3 says there may be 'grey areas'  and it could be 'shared houses...oh good!

thanks

[wee brian]

It gets kind of messy.

The definition is in the Housing Act (2004 ish) but some HMOs don't need a license.

[Golden]

And once you have licensed your HMO you may need to be registered. Some local authorities differ and some may indeed impose additional HMO licensing. Some will want part 6 AFD and some will require part 1; your guess is as good as mine with respect to single staircases and maximum travel distance. Luckily many are traditional construction with brick walls that you can beat your head against!!

Some guidance from the residential landlords association -   
http://www.rla.org.uk/landlord/guides/housing_act/docs/all/what_is_an_hmo.shtml

[Tom Sutton]

Check out http://www.firesafe.org.uk/houses-in-multiple-occupation/ it may help but the final arbiters is the Housing Authority.

[nearlythere]

Can anyone please tell me what constitutes a HMO? is it just the fact that the residences share common areas such as a kitchen, lounge, etc

There are NHS staff residences where residents have their own bedroom but have shared rooms as mentioned above. Rent is paid to the Hospital Trust.

Looking through the LACORS guide it says that "shared housed are described as HMO's where the whole property has been rented out by an identifiable group" and it mentions the residents 'not being related'

such as students or work colleagues...so I assume these are HMO's...or are they!

Para 35.3 says there may be 'grey areas'  and it could be 'shared houses...oh good!

thanks

Is it because you don't know whether to do a FRA or not LM?

[Owain]

Crucially, the law is completely different in Scotland, where an HMO is much more tightly defined and subject to more stringent licensing.

[lingmoor]

Thanks all for your replies and the good links

No NT the FRA is done... it was really more on the lines if it has to be licenced or not

I have since found out that if a HMO is managed by a public body it does not need to be licensed (or if it isn't more than three storeys with five or more occupants)

Cheers all

[Tom Sutton]

Not strictly true,

The Housing Act 2004 introduced three different types of licensing, two of which specifically relate to HMOs:

  1. Mandatory HMO licensing (All three storey HMO's)
  2. Additional HMO licensing (Can include two storey HMO's at the local HA discretion.)
  3. Selective licensing of all privately rented housing in specific areas (further criteria apply).

Local councils have discretion to introduce additional licensing of other types of HMOs which are not subject to mandatory licensing, including poorly converted self-contained flats (also known as Section 257 HMOs after the section in the Act which defines them). This may be in a defined geographical area or across the whole of a council?s area. These schemes are aimed at dealing with situations that cannot be improved by any other means. The council has to consult local landlords before introducing additional licensing and they have to publicise it when it comes into force.

http://nationalhmonetwork.com/hmo-licensing.php

[lingmoor]

Thanks Tom

[Clevelandfire 3]

Hi Lingmoor. They are shared houses.

[lingmoor]

Hi Clevelandfire

I expect you know but anyway, this is what the LACORS guide says about 'shared housing'

"There is no legal definition of a 'shared house' and so this term can sometimes lead to confusion. Whilst shared houses fall within the legal definition of a HMO and will be licensable where lincensing criteria are met, it is recognised that they can often present a lower fire risk than traditional bed-sit type HMO's due ti their characteristics.

For the purpose of this guidance, shared houses are described as HMO's where the whole property has been rented out by identifiable groups of sharers, such as students, work colleagues or friends as joint tenants"....and it goes on about social interaction etc

[Clevelandfire 3]

to me if they are all work colleagues which they are loosely speaking id call it a shared house. you can relax standards in shared houses even though they are still classed as h.m.o.s.

[nearlythere]

to me if they are all work colleagues which they are loosely speaking id call it a shared house. you can relax standards in shared houses even though they are still classed as h.m.o.s.

You have got the "to me" bit correct CF but not sure about the rest. I think legislation has already defined what HMOs are.

[Tom Sutton]

I work from home. Do I have to carry out a fire safety risk assessment in respect of my home?

No.  The legislation is not intended to cover those working from home if the principal use of the premises remains a private dwelling. If, however, the premises form part of a business (even though there may be no employees) or a room/rooms are made available to paying guests on a commercial basis (such as in a guest house/bed and breakfast), then the premises may no longer be considered a ?private dwelling? and may therefore be subject to the fire safety legislation for as long as they are used for that purpose. (Unfortunately it does not give the source)

I found the above on a legal website and it make sense and I think this would apply to your situation. Although it could be classed as a workplace for the cleaner the principle use is as a private dwelling and therefore not subject to the RR(FS)O. (No FRA required)

However the NHS does have a duty of care to the cleaner and should at least give some training in fire safety to ensure the cleaner has sufficient information to make a decision to leave, if he/she considers the premises a hazard.

[Tom Sutton]

Check out on the Scottish Government website item 4 and I am fairly certain this applies to the rest of the UK.

http://www.scotland.gov.uk/Topics/Justice/public-safety/Fire-Rescue/FireLaw/FireLaw/FAQ/Premises