Housing Act Guide

Mixed Residential and Commercial Property

The RLA Unique Property Selector does not contain a separate section for mixed premises i.e. where there is a mixture of residential accommodation and business/commercial premises.  This includes, for example, flats located above shops.

In such a situation the residential accommodation will still be a house in multiple occupation (HMO) if the relevant tests apply.  See What Is An HMO.

Further, where appropriate, HMOs which are part of such a mixed use building are still licensable.  Generally, premises which are HMOs where there are five or more occupiers and which consist of three or more storeys are subject to Mandatory HMO Licensing.  For these purposes in calculating the number of storeys any business/commercial floors are included (whether they are above or below the residential accommodation).  However, the business accommodation is not included in the part of the property which is licensed. 

In some areas a local authority may impose additional HMO licensing which would mean that residential accommodation in a mixed user building may still be subject to Additional HMO Licensing.

It is still possible to use the Unique Property Selector in this situation. All you do is select the relevant property type, according to the nature of the residential accommodation, within the mixed user building.  Remember, however, when you are asked to give the number of storeys to count in any floors/storey which is used for business purposes.  When it comes to the number of occupiers only count the number of resident occupiers; not any one simply using the building in connection with any business.


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