- 3 brother or sisters living together are 1 household – NOT an HMO
- 3 friends living together are 3 households – IS an HMO
- 2 couples living together are 2 households – IS an HMO
- 1 couple and 1 single unrelated person are 2 households – IS an HMO
To be classified as an 254 HMO the property must meet the standards defined in the description above, and meet the standard conversion test, self-contained flat test or converted building test. The full definition of all HMO’s can be found in the Housing Act 2004 Sections 254 to 260.
A section 257 HMO is a whole building that has been converted into self-contained flats that meet specific criteria. The full details of what constitutes a section 257 HMO is under the additional licensing section below.
WHAT IS A BEDSIT HMO
A building which has been divided into individual non self-contained lettings, let to individual tenants. Each bedsit letting will usually comprise only one room (sometimes more) which may contain cooking/food preparation facilities, washing facilities and living/sleeping space. Sometimes bathrooms and WCs are shared between a number of bedsits. The actual facilities contained within each bedsit letting will vary from property to property.
Although many people immediately think of bed-sit type accommodation, the vast majority of HMOs in London were previously family homes, now being shared by young professional people.
A common part will be created in this circumstance and The Regulatory Reform (Fire Safety) Order 2005 will apply to the property.
BUILDINGS EXEMPT FROM THE HMO DEFINITION
- Those occupied by the resident landlord and a maximum of two other persons who are not part of his or her household
- Those occupied by no more than two persons.
Schedule 14 of the Housing Act 2004 lists all the exemptions.
HMOs can be classified by the size; small and large. A Small HMO is up to 6 tenants, from more than 1 household, sharing facilities whereas a large HMO is 7+ tenants, from more 1 than household, sharing facilities. If you are considering or are currently running a large HMO you will require planning permission from your local Council in order to do so. You may also require planning permission for a small HMO if your brough operates an Article 4 directive. (link to planning and Article 4 directive page)
It is important to note that HMO Management Regulations 2006 apply whether you require a property licence or not.