Definition of a Houses in Multiple Occupation (HMO)

A House in Multiple Occupation (HMO) is defined within section 254 and 257 of the Housing Act 2004. In summary a HMO is a house, or flat if:

• 3 or more tenants are occupying the property who form 2 or more households and who share one of the basic amenities such as cooking facilities a bathroom or a w/c.
• The property is occupied by more than 3 tenants forming 2 or more households” of which the building has been converted but is not entirely self-contained flats (whether some of the amenities are shared).
• The building is converted into self-contained flats, but does not comply with the requirements of the 1991 Building Regulations and at least a third of the flats are occupied under short tenancies.

In addition to the above it must be “occupied” by more than one household in one of the following scenarios:

• It must be their only or main residence: or
• As a refuge by people escaping domestic violence; or
• During term time by students, or
• For any other purpose that is prescribed in regulations

A household is defined as a family which includes single persons, couples, relatives, foster children’s and any associated domestic staff.

Types of HMO

Houses in Multiple Occupation (HMOs) comprise property known as bedsits, lodgings, shared houses and some converted self-contained flats. The main feature is that there is sharing of facilities such as kitchens and bathrooms/WCs so that occupiers do not have exclusive use of their own facilities.

Typical examples of HMO are:

• Traditional bedsit type houses where tenants have their own room or rooms but share something like a bathroom or kitchen.
• Shared houses where people live as a group but are not a family group.
• Houses occupied by the owner (residential landlord) plus two or more lodgers or house sharers*
• Mixtures of rooms and flats in a house – as long as there is some sharing;
• Flats that are let out to sharers, 3 or more;
• Hostels, projects and other residential uses that involve adults sharing living space (but not if the property is owned or managed by a registered social landlord).
• Houses converted into self contained flats where they do not meet the requirements of the 1991 Building Regulations, and at least one third of the flats are occupied under shorthold tenancies.