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Appendix J - Definition of a House in Multiple Occupation

Appendix last reviewed April 2014

14.10.1 Definition of a House in Multiple Occupation.

This is defined as: 

  1. An entire house or flat, which is let to three or more tenants who meet both of the following conditions:
    • They form two or more households.
    • They share a kitchen, bathroom or toilet.
  2. If the landlord is resident the property becomes a House in Multiple Occupation if it is let to more than two tenants.
  3. A house which has been converted entirely into bedsits or other non self-contained accommodation which is let to three or more tenants who meet both of the following criteria:
    • They form two or more households
    • They share a kitchen, bathroom or toilet.
  4. A converted house, containing one or more flats, which are not wholly self-contained (that is, the flats do not contain within them a kitchen, bathroom or toilet) and which is let to three or more tenants who form two or more households.
  5. A building which is converted entirely into self-contained flats, but the conversion did not meet the standards of the 1991 Building Regulations, and more than one third of the flats are let on short-term tenancies.

In all cases:

  1. Occupation of the living accommodation must be the only use of that accommodation.
  2. Rents are payable or other considerations are provided.
  3. A building of three or more floors which has the type of accommodation and occupation, as defined above.  This also should be licensed for occupation by the Environmental Health function.

14.10.2 Licensing of HMOs:

  1. Part 2 of the Housing Act 2004 controls the licensing of HMOs.
  2. Mandatory licensing applies across the UK to every 3 or more storey HMO with 5 or more occupiers.
  3. A council also has the power to extend licensing to other classes of HMO using Sections 56-60 of the Act. These powers can be used to introduce a requirement to licence the following HMOs:
    • Every 3 or more storey HMO with 3 or 4 occupiers and every 2 storey HMO with 5 or more occupiers
    • Every other HMO apart from certain poorly converted flats defined under section 257 of the Act that are mainly owner occupied.

14.10.3 Definition of a room

  1. A room may be added to the gazetteer if there is a separate unit of residential occupation of that room, that is the occupants of that room have sole rights of occupancy of it as a bedroom but share other common parts of the overall residential unit such as a kitchen and/or lounge.
  2. These rooms do not need to be added as a matter of course to an LLPG but may be added if there is a business need, for example, for:
    • Benefit claims.
    • Electoral registration.
    • Housing records.
  3. Examples of such rooms include individual rooms in;
    • Care homes.
    • Halls of residence.
    • Student cluster flats
    • Hostels
    • Long stay Bed and Breakfast Accommodation.
  4. If required in an LLPG, the rooms must be added as a Child Record.  The Parent Record holds the main Classification of the property, for example:
    • Care home RI01.
    • Hall of residence RI03.
    • Student cluster flat RD06.
    • Long Stay Bed and Breakfast Accommodation CH01.
  5. The room itself must be classified as RH02.  Usually the rooms are assigned POSTAL_ADDRESS = “A”, with the Parent having POSTAL_ADDRESS = “Y” or “A”, as appropriate.
     
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