There are special rules that apply to the letting of houses where there are a number of individual occupiers who do not form members of the same family or household - these are known as houses in multiple occupation or 'HMOs'. HMOs typically include houses converted for bedsits flats or as a hostel. Estimates suggest that around 300,000 homes in England (excluding self-contained flats) are HMOs.

It is the current perception of Government that many of the worst housing conditions in the private rented sector are found in HMOs and that the risk of deaths or injury from fires in HMOs is often higher (especially in the larger multi-storey properties). Although this view has been to some extent discredited by research and fire incident statistics published by the landlords' associations, successive layers of special rules have now been introduced to control this type of housing.

Local authorities have powers to require landlords to bring HMOs up to a standard which is fit for the number of people living in the property. They may require the landlord to provide extra sanitary fittings, heating installations, facilities for storing, preparing and cooking food. There are also fire safety provisions that require there to be adequate fire precautions and means of escape. Grants may be available to the landlord to enable him to do the necessary work.

When managing, converting or acquiring an HMO (or potential HMO), there will be a number of issues to consider:

- HMO Definition: a landlord will need to firstly decide whether particular safety or planning legislation applies to the property.

- HMO Management Regulations - special rules apply to the management of HMOs. These put particular duties on both the landlord and the tenants.

- HMO Fitness Standard. The HMO Fitness standard (defined in s.352, Housing Act 1985) places requirements on landlords of HMOs to ensure that the particular house is fit for the number of people living in the property.

- HMO Registration Schemes. Many local authorities have implemented registration schemes which require landlords to register any houses in multiple occupation. A fee will normally be payable and in many cases, the authority will require that certain safety improvements are carried out or are already in place.

- HMO Licensing. A new law was introduced in April 2006 under the Housing Act 2004 which requires certain HMOs to be licenced. This requirement applies to all local authority areas, and will initially apply to all HMOs that comprise 3 or more storeys AND have 5 or more occupants. Each local authority has the jurisdiction to set its own licence fees and make its own specific local fitness standards for fire safety, cooking facilities etc. that landlords will be required to follow.

We plan to include more information about HMO licensing on these pages very soon.

If it is clear that if a tenant has 'surrendered or given up the tenancy, the landlord is entitled to possession (section 5(3), Housing Act 1988). Equally, if a tenant holding under a periodic tenancy has served a valid notice to quit on the landlord, this will act to bring the tenancy to an end at the expiry of the notice.

Where the act of surrender is less obvious or equivocal, such as in the above example, then care needs to be taken before the landlord takes back or re-lets the property. As we can see from the above example, where a landlord takes possession and it turns out that the tenant is still occupying the property, the landlord runs the risk of proceedings for unlawful eviction.

Surrender can take place expressly (i.e. by way of a written document or 'declaration of surrender' signed by the tenant), or by operation of the law (i.e. implied by the conduct of the parties to a tenancy).

Surrender by operation of the law

The essence of a surrender by operation of law is the consensual giving up of possession of the premises to the landlord by the tenant. It is normally important that the landlord does some act in accepting the surrender. Thus where the tenant returns the keys to the landlord with the intention of giving up possession of the premises and the landlord accepts them with the intention of accepting possession, there is surrender by operation of law. Equally, surrender can take place (of the old tenancy) when the landlord and tenant enter into a new agreement during the currency of an existing agreement.

For a surrender by operation of law to be implied from the conduct of the parties to a tenancy, their conduct has to be unequivocal, such as returning the keys to the landlord, or removing from the premises signs of occupation, including furniture, belongings and any family or friends - or animals - who were living with him. It is important that the actions of both parties show that they consider the tenancy to be at an end.

Abandonment

Finally, surrender may also operate when the tenant has abandoned the premises. The landlord may accept the surrender by changing the locks and re-letting the premises, yet great care must be taken; the act of surrender must be unequivocal. It would not be safe for the landlord to always assume that the tenant has abandoned the tenancy; it is possible that the tenant could be in hospital, in prison for a short period, or on an extended holiday.

The outcome hinges around the issue of unequivocal conduct; for surrender to take place or be implied by the actions of the parties, the conduct must be unequivocal in showing that the tenant has given up occupation. 'Unequivocal conduct' means conduct on the part of both the landlord and the tenant which was inconsistent with the continuance of a tenancy (Chamberlain v Scalley, 1992). Much will clearly depend on the individual facts in a particular situation. Faced with a tenant who appears to have abandoned a property, the landlord will need to make sufficient enquiries so that he can prove that he believed and had reasonable cause to believe that the tenant had ceased to reside in the property.

There are no finite rules; evidence in the form of tenant's belongings remaining (or absence of), the tenant's conversations with neighbours, or other regular callers to the property must all contribute to give the landlord reasonable cause to believe that the tenant has ceased to reside there. These are discussed in more detail below.

Belief must be both genuine and reasonable before the landlord takes back the property. Unless the evidence of abandonment is unequivocal, any landlord doing so takes a risk. Proceedings for unlawful eviction could be brought by the displaced tenant unless the landlord can be certain that the tenant has ceased to reside in the premises. Where there is reasonable doubt as to whether a tenant has permanently vacated the premises and it is impossible to obtain express surrender, the safest solution is to terminate the tenancy by some other method, such as notice requiring possession (if applicable) and commence possession proceedings.

Notice of Abandoned Property

Where enquiries lead the landlord to believe that the property has been abandoned and the tenant has ceased to reside in the premises, it is important to make any necessary enquiries and take appropriate precautions to verify this beyond reasonable doubt.

Once completed, it is a sensible precaution to leave a notice at the property alerting any occupants of the landlord's intention to take back possession of the property. This is not an officially prescribed notice but the action is useful nonetheless since it provides further evidence that the landlord has taken all possible steps to ascertain the whereabouts of the tenant and inform any occupier of his intention to re-enter the property.

A written notice can be put on the tenant's door headed -

'Notice of Intention to take Over a Flat/House'.

It should be prominently displayed and contain the following information:

· a declaration by the landlord stating his belief that the property has been abandoned - include dates

· the landlord's name and address

· the name of the tenant(s) and the address of the property

· if affixed in the presence of a witness, their name should be added i.e. This notice affixed in the presence of ........on (date)

· a paragraph asking anyone who knows the whereabouts of the tenant(s) to contact the landlord

· a paragraph stating that if the tenant(s) does not contact the landlords within specific period of time, it will be assumed that the tenant has surrendered the tenancy

· advising the tenant to seek legal advice i.e. "You are advised to seek legal advice immediately as you are in danger of losing your home. "

If the fixing of the notice was witnessed, that person can swear a short affidavit to that effect as evidence where such information needs to be presented in court. Alternatively, take photographs of the notice (ideally with a date recording facility) displayed at the premises.

A person or entity will be a business tenant if:

Business tenants are protected under the Landlord and Tenant Act 1954. Like the statutory codes applying to residential tenancies, there are two main effects to the statute; security of tenure and rent control.

Business tenancies have the general right to have their tenancies renewed. A business trading from a particular location will come to be known in the locality over time, building up goodwill and reputation. This goodwill together with the high costs that can be associated with fitting out commercial properties needed protection. A business tenant will also be entitled to compensation for improvements.

Rent control is provided under the 1954 Act to prevent landlords forcing rent rises on tenants significantly over the market rate. Tenancies under the Landlord and Tenant Act 1954 will be continued automatically and the landlord will need to follow a procedure specified in the Act before the tenancy can be brought to an end.

These rights are similar to those available to tenants occupying under residential tenancies, yet there are important differences between the codes. The codes are mutually exclusive. They provide different security of tenure and procedures for ending the tenancy. A tenant holding a business tenancy under the Landlord and Tenant Act 1954 will generally have greater security than the tenant holding an assured shorthold tenancy under the Housing Act 1988.

Disrepair is an important subject for landlords and agents to understand fully since tenants frequently report breakages and maintenance problems. It is vital that the landlord is aware of the statutory, or agreed, repairing obligations for a particular tenancy. As we can see from the case examples below, reasonable expedience is vital once disrepair has been reported; significant liability can accrue to the landlord if such disrepair is not acted on and subsequently causes serious injury to the tenants. Furthermore, landlords in many cases will not want to incur unnecessary expense in maintaining or improving the rented property at the whim of an individual tenant's complaints if there is no contractual or legal obligation to do so.

As we shall see, in what appears to be a very grey area, it is generally possible to make a clear decision when the legal rules relating to disrepair are combined with some basic technical knowledge of the common disrepair problems.

Part 1 of the Housing Act 2004 contains provisions intended to replace the previous housing fitness regime which applies both to single residential dwellings and Houses in Multiple Occupation (HMO).

The previous Fitness Standard has two perceived failings. It did not cover all the major problems found in a home (e.g. such as the risks from falling down unsafe stairs), and does not give any indication of how serious the problem is. Under the existing fitness provisions, the test of fitness is to be replaced with an evidence-based risk assessment process; an assessment of the risks to health and safety will be carried out using the new Housing Health and Safety Rating System (HHSRS).

Because the risk-assessment is based on a points-based hazard-scoring or rating system (rather than the simpler pass or fail standards used in the majority of the previous system), it is going to be much more difficult for an individual landlord or property manager to interpret and understand precise legal requirements and determine in advance whether a particular property complies with the standard. This is a worrying facet of the new law given that non-compliance is, yet again, a criminal offence with onerous penalties.

The main product safety legislation, which is defined by regulations (or secondary legislation), were introduced under the following Acts of Parliament (or primary legislation):

• Health and Safety at Work Act 1974
• Consumer Protection Act 1987

The regulations relevant to the lettings industry are:

Gas Safety:

• The Gas Safety (Installation and Use) Regulations 1998
• Gas Appliances (Safety) Regulations 1995
• The Gas Cooking Appliances (Safety) Regulations 1989
• Heating Appliances (Fireguard)(Safety) Regulations 1991

Furniture Safety:

• Furniture & Furnishings (Fire)(Safety) Regulations 1988 (as amended)

Electrical Safety:

• Electrical Equipment (Safety) Regulations 1994
• Plugs and Sockets etc. (Safety) Regulations 1994

Other Safety Regulations:

• General Product Safety Regulations
• Bunk Bed (Entrapment Hazards)(Safety) Regulations 1987
• Regulations for paraffin heaters
• Regulations for Catalytic Gas Heaters

All the regulations may incur criminal penalties where there is an infringement.

What is housing benefit ?

'Housing benefit' is in fact a generic term because it is not a benefit at all in the true sense of the word - it is actually an allowance. The difference might seem trivial to the passing reader, but to the landlord and to Government, it is significant. A benefit is given to someone as a right, which can be spent in any way the person desires, whereas an 'allowance' is paid for a specific purpose. Within the scheme there are in fact two different types of payment. Rent Allowance is paid to tenants of private landlords (inc. Housing Associations), and Rent Rebate is paid to tenants of the local authority.

This important difference of meaning has not escaped the legislators; unemployment benefit has now been replaced by the 'Job Seekers Allowance' and, since 1992, housing benefit legislation makes it clear that housing benefit is now to be considered as an allowance (or a rent rebate in the case of local authority tenants) to assist the claimant to pay his rent.

Housing benefit legislation and guidance

The principal legislation for Housing Benefit is: The Social Security Administration Act 1992; The Social Security Contributions and Benefits Act 1992; The Housing Benefit (General) Regulations 1987; The Child Support, Pensions and Social Security Act 2000  & The Housing Benefit (Decision Making and Appeals) Regulations 2001. The main bulk of the legislation, which affects landlords and agents, is contained in the Housing Benefit (General) Regulations 1987. At the time of going to press, these currently comprise 109 separate regulations but the regulations change with such frequency that many of the various books and guidance on the subject