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Housing Act Guide

Common Features Of An HMO

Additional requirements for a property to be an HMO

Properties must have certain common features as to how they are lived in before they can be classified as HMOs.  Although these apply to decide whether or not an individual flat is an HMO, these do not apply when deciding whether a converted block of flats is an HMO i.e. looking at the block as a whole.  Different rules apply – see Flats.

These common features as follows:

  1. the Occupiers must be a Single Household (or treated as being members of a single household.   If all the occupiers are not a single household (or treated as such) then the property is an HMO (assuming the other conditions apply).
  2. All of the Occupiers must occupy the property as their only or main residence or be within certain other categories.  See Only Or Main Residence
  3. Residential Use must be the sole use of the living accommodation.
  4. At least one of the occupiers must pay rent (or provide other consideration for living at the property).  See Rent And Occupation

Unless all of these conditions are at present the property cannot legally be an HMO.  In some cases however an HMO Declaration can be made by the local authority relating to a specific property in which case it would then be an HMO.

This document was last updated on: 17/05/2007

General Disclaimer

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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