Houses in Multiple Occupation

Transcription

1 Houses in Multiple Occupation Guide for Managing Agents and Letting Agents Colchester Borough Council 1

2 Contents Page Introduction 3 General guidance only 3 Houses in Multiple Occupation (HMO) 4 What is a House in Multiple Occupation? 4 What is a household? 4 What are Managing Agents and Letting Agents responsible for? 4 When an HMO should be licensed 4 What do I need to do if my landlord needs a licence? 5 What are the minimum standards for HMOs? 5 Inspection of HMOs 5 HMO Essex Approved Amenity Standards Summary 6 What are the Essex Amenity Standards? 6 HMO Plans - Worked Examples for Fire Safety and Amenities (FIRE SAFETY SHARED FLAT - ground or first floor with egress windows 8 (FIRE SAFETY SHARED) VICTORIAN HOUSE - 2 storey with egress windows 9 (FIRE SAFETY SHARED) VICTORIAN HOUSE - 2 storey 10 (FIRE SAFETY BED-SIT) TYPE VICTORIAN HOUSE - 2 storey 11 (FIRE SAFETY SHARED) MODERN HOUSE - 2 storey with egress windows 12 (FIRE SAFETY SHARED) MODERN HOUSE - 2 storey 13 (FIRE SAFETY BED-SIT) TYPE MODERN HOUSE - 2 storey 14 (FIRE SAFETY SHARED) HOUSE - three storey 15 (FIRE SAFETY BED-SIT) TYPE HOUSE - three storey 16 Compliance with Legislation for HMOs 17 What is the HHSRS? 17 What are the Management Regulations? 17 How will enforcement of the legislation be used? 17 Appendix 18 HMO Checklist 19 2

3 Introduction Colchester Borough Council wants to make sure that private tenants have safe, decent homes managed by responsible landlords or agencies who act on their behalf. We already have a thriving private rented sector and this is set to grow over the next few years as the demand for private rented housing increases. One of the biggest growth areas in Colchester s private rented market is houses in multiple occupation (HMOs). This is because of the town s close proximity to London and the demand for this type of housing amongst students and young professionals. Whilst we recognise that most HMOs will be safe and of good quality there may be others that do not meet the required standards because of poor management or lack of knowledge The Private Sector Housing Service has produced this guide to help both managing agents and letting agents understand what type of property qualifies as an HMO. We have provided an overview of the legal requirements and local standards so that you can manage these properties successfully. We hope that this guide will you a better understanding of HMOs so that you can make sure they comply with the law especially in relation to the level of amenities and fire safety. We have an inspection programme for HMOs which takes place over a five year cycle. We would like both letting and managing agents to tell us if they are letting an HMO or a number of HMOs so that we can add the property to our list and risk assess the property so that you know the frequency of inspections and ensure the HMOs comply with the law. This pro-active approach helps both the Council and agencies manage our work efficiently and effectively. We know that we have responsible landlords in Colchester who manage good quality private rented properties themselves. However, a large number of landlords use managing agents. We want to support landlords to do this by: Advising and encouraging landlords to improve the standard and maintenance of their properties Making sure that managing agents and letting agents have the right information so that the properties they let or manage meet the standards set providing Information and guidance on housing law Making tenants aware of their responsibilities and how they should be met General guidance only We have made every effort to make sure that the information provided in this guide is accurate and up to date. It offers general guidance with regards to the law and is not intended to provide an authoritative statement of law. The descriptions are not verbatim but are designed to help you meet the legal requirements. If you are unsure of your legal position or how best to proceed on a particular matter then please contact Private Sector Housing (details given below). We will be happy to help. Alternatively please visit our website where you will find lots of useful information on HMOs. If you prefer you can contact one of the associations listed on the front page of this guide for advice. Private Sector Housing Colchester Borough Council Rowan House, 33 Sheepen Road, Colchester CO3 3WG Telephone: Fax: housing.private@colchester.gov.uk 3

4 Houses in Multiple Occupation (HMO) What is a House in Multiple Occupation? Within the Housing Act 2004 there are Sections 254 and 258. Section 254 provides standard tests that help define what an HMO is, where as 258 gives the definition of a household; there is also Schedule 14 that decides what falls outside being a HMO. For simplicity, we have summarised below the types of property that would be considered to be a HMO. A check list can also be found in the appendix at the back of this guide. An entire house or flat which is let to three or more tenants (including students) who form 2 or more households and who share a kitchen or bathroom or toilet or all. A house which has been converted entirely into bedsits or other non-self-contained accommodation and is let to three or more tenants who form 2 of more households and who share a kitchen, bathroom or toilet or all. A converted house which contains one or more flats which are not wholly self contained (i.e. the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by three or more tenants who form 2 or more households. A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one third of the flats are let on short-term tenancies. Note: In order to be an HMO the property must be used as the tenant s only or main residence and it should be used solely or mainly to house tenants. Properties that are let to students and migrant workers will be treated as their only or main residence and the same applies to properties which are being used as domestic refuges. *What is a household? A household is where members of the same family are living together. Therefore three friends sharing together are considered three households. If a couple are sharing with another person that would be 2 households. The point is that to be a HMO the property must have 2 households or more. What are Managing Agents and Letting Agents responsible for? Essentially if you are acting on behalf of the landlord managing the property and receiving the rent, then you are responsible for maintaining the standards of the property as a landlord would be. Standards for HMOs are detailed in the Housing Act 2004 and subsequent regulations (details in the appendix at the back of this guide). The landlord is responsible for the day-to-day management of the HMO, such as keeping the common parts in a safe, clean condition and all shared facilities in good repair. The landlord is also responsible for ensuring that the property is safe and free from hazards defined under the Housing Act If you are purely a letting agent, then it is your responsibility to understand what an HMO and what is required to be in an HMO and ensure that tenants know what is involved with living in an HMO. However, as you do not manage the property you do not carry out repairs. When a HMO should be licensed The Housing Act 2004 introduced licensing for certain categories of HMOs. Certain owners are now responsible for ensuring that their properties are licensed. Although all HMOs are required to meet the Housing act 2004 legislation and subsequent management regulations, not all are required to be licensed. Therefore when taking on an HMO you need to consider the following questions: 4

5 1. Does the property have three or more storeys (including habitable attics, basements and any business premise, or storage space)? And 2. Does the property have five or more unrelated tenants? If the answer is yes to both these questions the landlord will need a licence to let the HMO. As managing agents you could be the licence holder as you manage the property on the owner s behalf. Your landlord will require a licence to operate the HMO. If you manage the property you could also be the licence holder. What do I need to do if my landlord needs a licence? An application form must be made either by, Download an application form from our website Ask us to send you application form in the post which can be obtained from Private Sector Housing. A licence will be granted provided the following conditions are met : We have received a completed application form together with all the supporting documents The proposed licence holder and any manager is a fit and proper person Proper management standards are applied to the property The HMO meets the minimum legal standards for amenities and fire safety Whether a HMO is licensable or not, the landlords or managing agents will have a duty to comply with all the relevant legislation. If you are in any doubt as to your responsibilities to the HMO then please contact the Private Sector Housing Team. What are the minimum standards for HMOs? As in all rental properties landlords and managing agents must make sure that both the health and safety and amenity standards are maintained. As the health and safety risks in HMOs are higher than in any other properties landlords will want to take steps to minimise these risks. The Housing Act 2004 and accompanying regulations sets out the standards for HMOs and to help you there is an approved HMO amenity standard for Essex. All the local authorities in Essex have adopted these to provide consistency throughout the county and have also adopted the LACORS fire safety guidance. Finally Colchester has a leaflet outlining the responsibilities of both landlords and tenants. Over the next few pages there are abbreviated versions of these documents to help you and information about how the Council make sure standards in HMOs are met. You will also find diagrammatic plans to help you make sure that any HMO you manage meets the minimum standards. Inspection of HMOs Colchester Borough Council s Private Sector Housing Team carry out regular inspections of all known HMOs under our programmed inspection scheme. This is how we make sure that standards are being met consistently by landlords throughout the borough. The frequency of inspections is set by a standard HMO risk assessment. A good quality, well managed HMO won t need to be inspected as often which means we can target our resources at landlords who need help to reach the legal standards. We do this thorough our planned approach to unconfirmed HMOs which identifies properties that are not part of our programmed inspection scheme and adds them to the list. We want to help make the process of letting or managing a HMO as smooth and efficient as possible. If you let us know as soon as a HMO becomes part of your portfolio we can work with you or the landlord early in the lettings process. We can make sure that the property meets the standards set before it is occupied and tell you how often it will need to be inspected. This way you and the landlord avoid any inconvenient visits or unexpected costs and you can timetable the programmed inspections into your management schedule for the property. 5

6 HMO Essex Approved Amenity Standards Summary What are the Essex Amenity Standards? The Essex County Fire and Rescue Service and Essex Environmental Health Housing Specialist Group jointly agreed the Essex Amenity Standards which apply across the county. The purpose of the Essex Amenity Standards is to establish a minimum guideline by which the Council can decide whether or not any HMO in Colchester has sufficient facilities and living space for the number of occupants. The standards allow the Council to achieve consistency and transparency in our approach to the regulation and enforcement of amenity provision and living space in HMOs. We use the Essex Amenity Standards to support any enforcement action we take and to raise standards generally within HMOs. The standards enable landlords and managing agents to know exactly what amenity provision and living space is required in an HMO for a given number of occupants. This will over time result in better quality living accommodation which will benefit both tenants and landlords. Therefore, we have provided a summarised version of the Essex Approved Amenity Standards in the following pages together with a number of example plans relating to different types of HMO. The summary and plans outline what we would expect to see and help you make sure that any HMOs you manage have the correct level of amenities and fire safety. Please contact the Private Sector Housing Team if you have any questions or you need to discuss any variations from the standards that may be appropriate for a particular HMO perhaps due to internal layout or long distances to the nearest exit. Kitchen Facilities A kitchen should be provided normally for up to five persons (once there are five or more persons then amenities start to double). Each kitchen should be equipped with the following as a minimum: Sink, drainer, hot/cold (drinking water) water supplies Work tops of an adequate size for the number of persons sharing the kitchen Minimum three double power points immediately above the works surface A cooker with a minimum of four rings or the equivalent, an oven and grill Storage for food i.e. cupboard, fridge and freezer Refuse disposal facilities Bathroom/Toilets There should be at least one bath and/or shower, wash hand basin, and WC for up to five persons in the property. It should be noted that where you actually have five persons then the WC should be contained in a separate cubicle. No resident s bedroom shall be more than one floor distant from the nearest bathroom. Amenities also affect the number of occupants who can reside in a property. Space Standards Maximum number of persons Floor area of rented room with separate kitchen 1 person unit 8.5 sq.m. 11 sq.m. 2 person unit 12 sq.m. 15 sq.m. Floor area of rented room with kitchen facilities in the room Where other rooms, for example, shared lounges, are available in addition to a bedsit, then the room sizes shown may be varied at the discretion of the inspecting officer. However, they will not accept rooms that fall below the legal minimum for one person 6.5sqm. 6

7 Lighting and Electrical Sockets Every letting/room, kitchen, bathroom, toilet and common hallway, stairs and landing, shall be provided with artificial lighting. Any room that is used as a bedroom or living room must contain a minimum of 2 double sockets. An Electrical Installation Condition Report on the electrics should be carried out every five years; this is the recommendation under the IEE regulation. Under management regulations or the Housing Act this can be asked for and a copy be provided. It recommended that a copy is kept on site at the property. Ventilation Adequate ventilation is important in minimising the hazards and harm outcomes associated with damp and mould, excess heat, carbon monoxide and other fuel combustion products. Every room, kitchen, bathroom/wc must be provided with adequate ventilation. This can be either mechanical or passive ventilation. Heating To minimise any hazard from excess cold, each habitable room must be provided with a suitably located fixed form of heating that is capable of providing adequate heat output for the size of room. The heating source must be capable of heating the property to 21 degrees when the outside is -1 degrees centigrade. All such heaters must be in the control of the tenants. To minimise any hazard from fire, free standing paraffin heating stoves or bottled gas heaters are not allowed. Note: Under the Gas Safety (Installation and Use) Regulations 1994 (as amended), every landlord must ensure that gas appliances (all) and flues they provide for their tenant to use are maintained in a safe condition. A service or inspection of all gas appliances must be completed every 12 months and a copy provided to the tenants. The engineer must be Gas Safe Registered. Fire Safety The factors affecting means of escape in case of fire are varied. All landlords should consult with Private Sector Housing Team for specific requirements in each case. The Council will have regard to current legislation and guidance in relation to fire protection. However, on the following pages there are example layouts of the differing levels of fire safety requirements, coupled with what amenities would be required in each property. HMO Plans - Worked Examples The following nine pages portray, in plan form as well as description, the different set-ups of various HMO examples. 7

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10 Private Sector Housing Fire Safety and Amenities in HMO Properties Example 3: SHARED VICTORIAN HOUSE - 2 storey HMOs described as Shared houses are where the whole property has been rented out by an identifiable group of sharers such as students (not 1 st Year Students), work colleagues or friends as joint tenants. Each occupant normally has their own bedroom that does not have a lockable door. They share the kitchen, dining facilities, bathroom, WC, lounge and all other parts of the house. All tenants will have exclusive legal possession and control of all parts of the house, including all the bedrooms. There is normally a significant degree of social interaction between the occupants and they will, in the main, have rented out the house as one group. There is a single joint tenancy agreement with vicarious responsibility and therefore the landlord does not decide who lets a room should someone leave. In summary, the group will possess many of the characteristics of a single family household, although the property is still an HMO as the occupants are not all related. Fire safety Grade D LD3+ Detection System with additional detection to kitchen and lounge Interlinked heat detector in kitchen area. Interlinked smoke detector in the hallway and landing including any basement or cellar. Interlinked smoke detector in lounge. Fire blanket in kitchen located 1.5 metre off ground between cooker and exit. Property must have a route that leads to a place of ultimate safety. Doors leading onto the escape route must be close fitting solid timber or panelled doors of substantial construction. A protected loft hatch. Doors of flimsy construction or hollow infill-type doors (commonly known as eggbox ) or with non fire-resisting glazing will not be accepted. Any internal windows in the escape route, including above door fanlights, must be either Georgian Wired safety glass or covered with 12.5mm plaster board to both sides. Where there is no borrowed light emergency lighting may be required. Keyless Exit Amenities - for up to 5 Tenants One each of the following BATHROOM: WC, bath or shower, wash hand basin KITCHEN: fridge, freezer, four ring hob, oven, grill, sink 1m of work top per tenant, 1 unit storage per tenant (500mm wide base unit or 1000mm wide wall) HEATING Fixed form of heating, in all rooms throughout property. Note: once you have 5 tenants the WC should be in a separate compartment. For more that 5 tenants, a second WC and WHB is required (however the WC can be contained within a second bathroom). For both kitchens and bathrooms, once you have 6 or more persons the amenities start to double D20 S TT Up Lounge GROUND FLOOR KEY S H D20 TT FB D20 S Bath room TT H Kitchen Bedroom Smoke detector Heat detector Door made of a solid construction Thumb-turn lock, no key to inside Emergency lighting Fire Blanket FB Bedroom Bedroom FIRST FLOOR Bedroom D20 D20 S Down D20 NOTE: These examples are based on the Essex Amenities Standards, The LACoRS Fire Safety Guidance and The Housing Health and Safety Rating System. The drawings are purely examples to give some idea as to what could be expected in various HMOs. Therefore the drawings are not exhaustive. If the property is 3 stories or more; or outside this basic example's; or you wish the property to be accredited then differing levels of fire safety will or maybe required. For further information and guidance call or housing.private@colchester.gov.uk. 10

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15 Private Sector Housing Fire Safety and Amenities in HMO Properties Example 8: SHARED HOUSE - 3 storey HMOs described as Shared houses are where the whole property has been rented out by an identifiable group of sharers such as students (not 1 st Year Students), work colleagues or friends as joint tenants. Each occupant normally has their own bedroom that does not have a lockable door. They share the kitchen, dining facilities, bathroom, WC, lounge and all other parts of the house. All tenants will have exclusive legal possession and control of all parts of the house, including all the bedrooms. There is normally a significant degree of social interaction between the occupants and they will, in the main, have rented out the house as one group. There is a single joint tenancy agreement with vicarious responsibility and therefore the landlord does not decide who lets a room should someone leave. In summary, the group will possess many of the characteristics of a single family household, although the property is still an HMO as the occupants are not all related. TT FD 30S S H Up FB Kitchen WC FD 30S S Lounge Bedroom Ensuite Bedroom Down S Up FD 30S FD 30S FD 30S S Down FD 30S Bedroom Bath room Bedroom KEY S H FD30S TT FB KEY Smoke detector Heat detector 30 minute fire door with intumescent strip, (kitchen and living room smoke seal as well & self-closer)(note 8 may apply) Thumb-turn lock, no key to inside Emergency lighting Fire Blanket TT GROUND FLOOR FIRST FLOOR SECOND FLOOR Fire safety Grade D LD3+ Detection System Interlinked heat detector in kitchen area. Interlinked smoke detectors in the hallway and landing. Interlinked smoke detectors in lounge and all bedrooms. Property MUST have a 30 minute minimum protected route, therefore, walls and floors must be of sound construction. Fire doors 30 minutes protection on all exits on to the protected route. Doors must have the correct furniture (rising butt hinges are not acceptable) and able to withstand 800 degrees Celsius. Door gaps need to be maximum 3mm on the sides and top with 6mm gap at the base. Fire blanket in kitchen located 1.5 metre off ground between cooker and exit. Any internal windows in the escape route, including above door fanlights, must be either Georgian Wired safety glass or covered with 12.5mm plaster board to both sides. Where there is no borrowed light emergency lighting will be required. Keyless exit Note 8 under LACoRS may apply to the protected route with the agreement of the inspecting Officer and risk assessment, each property assessed on its own merits. Keyless exit A protected loft hatch Amenities - for up to 5 Tenants One each of the following BATHROOM: WC, bath or shower, wash hand basin KITCHEN: fridge, freezer, four ring hob, oven, grill, sink 1m of work top per tenant, 1 unit storage per tenant (500mm wide base unit or 1000mm wide wall) HEATING Fixed form of heating, in all rooms throughout property. Note: once you have 5 tenants the WC should be in a separate compartment. For more that 5 tenants, a second WC and WHB is required (however the WC can be contained within a second bathroom). For both kitchens and bathrooms, once you have 6 or more persons the amenities start to double NOTE: These examples are based on the Essex Amenities Standards, The LACoRS Fire Safety Guidance and The Housing Health and Safety Rating System. The drawings are purely examples to give some idea as to what could be expected in various HMOs. Therefore the drawings are not exhaustive. If the property is 3 stories or more; or outside this basic example's; or you wish the property to be accredited then differing levels of fire safety will or maybe required. It should also be noted that properties which are 3 or more storeys, 5 or more persons and 2 or more households require a HMO Licence. For further information and guidance call or housing.private@colchester.gov.uk. 15

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17 Compliance with Legislation and Enforcement of HMOs The principle legislation that governs all property is the Housing Act 2004.Within this there are regulations that relate to HMOs and the Housing Health and Safety Rating system (HHSRS). What is the HHSRS? It is a risk based assessment and considers the effects of any hazards in the property. Hazards are rated according to how serious they are and the effect they are having, or could have, on occupants, future occupants and/or any visitors. The basis principle is that the property should be safe for occupation. What are the Management Regulations? The Management of Houses in Multiple Occupation (England) Regulations 2006 as amended impose specific legal duties concerning the maintenance and repair of the water supply, drainage, gas and electrical supply, common parts of the house (including the gardens), common installation (WCs, baths, WHB, kitchens), living accommodation, windows, ventilation, means of escape from fire (including other fire precautions) and outbuildings and yards in common use. There are additional duties as to the general safety of residents, for example all means escape from fire are to be kept clear of obstruction, and details of the landlord or managing agent are to be displayed in a visible part of the house. Other regulations lay down what is required with regards to amenities in the property. How will enforcement of the legislation be used? Officers in Private Sector Housing are authorised to deal with poor housing conditions. Most issues we hope will be resolved informally without resorting to the powers of enforcement. Inline with our policy you will be given time to investigate and to resolve the hazards highlighted, providing that throughout the process the timescales for work are reasonable and you keep the Council informed of progress. Where there is no alternative the Council will use its powers under the legislation. When Private Sector Housing officers become aware of problems through inspection or complaints, officers will secure compliance with the Housing legislation through the use of: Education Informal action/advice Formal action, use of management regulations and statutory notices Ideally if you have a new HMO or are unsure of your responsibilities or the standards required, call us in before we inspect or a complaint is received. This way we will help you to make sure that the property complies with all legislation. 17

18 Appendix Available on the web Useful and Related Information: Housing Enforcement and Inspection Enforcement Policy 2010 Housing Act 2004 Housing Health and Safety Rating System Guidance Housing Health and Safety Rating System Enforcement Housing Health and Safety Rating System Guidance for Landlords and Property Related Professionals Fire Safety Guide LACORS Environmental Health Landlords Guide to Electrical Safety Energy Performance Certificates Guide for Landlords Websites: Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) Amendment) Regulations 199three Gas Safe Register Oil heating and cooking Electrical Safety Council Management of Houses in Multiple Occupation (England) Regulations 2006 The Licensing and Management of Houses in Multiple Occupation and other houses (Miscellaneous Provisions) (England) Regulations 2006 The Houses in Multiple Occupation (Certain Blocks of Flats) (Modification of the Housing Act 2004 and Transitional provisions for section 257 HMOs) (England) Regulations 2007 The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 Leaflets Houses in Multiple Occupation. Licensing and Standards Controlling Condensation and Mould 18

19 HMO Checklist There are several tests to decide whether a property constitutes as an HMO, but in general terms the following points determine such a test. The property is used solely or mainly to house tenants. The property is the tenants only or main place of residence. Where students and migrant workers are renting the property it is regarded as their only or main residence. There are three or more tenants (including students) who form two or more households within the property. The kitchen, bathroom or toilet are shared. The property is a shared house or flat. The property is a total house conversion made up of bedsits or other non-self contained accommodation. The property is a converted house which contains one or more flats which are not wholly selfcontained perhaps the flat does not contain a kitchen, bathroom or toilet. The property is has been converted into self-contained flats but the conversion does not meet the standards of the 1991 Building Regulations and more than on third of the flats are let on short term tenancies. For further information, advice or requests for service please contact: Private Sector Housing Colchester Borough Council Rowan House, 33 Sheepen Road, Colchester CO3 3WG Telephone: Fax: housing.private@colchester.gov.uk 19