Housing Act Guide: HMOs Not Required To Be Licensed

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Many HMOs do not need a licence.  There are a number of provisions which will apply in respect of non licensable HMOs :-

1. Housing Health And Safety Rating System (HHSRS) – this is of course applicable to all residential accommodation.  Issues such as fire safety could be addressed under HHSRS.
2. Management Regulations -  These are applicable to all HMOs whether licensable or not. 
3. Overcrowding Notices -   In the case of licensed HMOs the licence, of course, prescribes the maximum number of individuals/households entitled to occupy the premises.  To knowingly permit this number to be exceeded is a criminal offence.  Overcrowding can also be dealt with under HHSRS but in the case of HMOs which are not subject to licensing there is specific provision in relation to overcrowding. These provisions apply to  an HMO which is not required to be licensed and in relation to which no interim/final management order is in force 
4. Management Orders  -  In certain circumstances, where the health, safety or welfare of the occupiers is at risk, the local authority can, with the authority of the Residential Property Tribunal make an interim Management Order and take over the running of the property. 
   This document was last updated on: 17/05/2007

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   IMPORTANT: Our website (including the Unique Property Selector) can only give general guidance. You always need to specifically check the status of any property individually and take appropriate advice including general guidance from the local authority where it is located.

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Housing Act Guide: HMOs Not Required To Be Licensed