Management of Houses in Multiple Occupation Regulations 2006 

(Housing Act 2004)

Commencement:  

The Regulations came into force on 6^th April 2006.

Background:

The Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 372) replace earlier legislation which governed the management of Houses in Multiple Occupation (HMO) - the Housing (Management of Houses in Multiple Occupation) Regulations 1990.  These Regulations are probably one of the most significant parts of the HMO provisions in the Housing Act 2004 which will potentially affect many landlords (whereas mandatory licensing will, for the most part, only affect those landlords who own three storey buildings, and let to five or more people).  The Regulations are designed to ensure that:

• that any part of the house occupied by a resident is kept in good repair;

• that there are adequate facilities for the number of occupants;

• that fire alarms, fire safety equipment is properly maintained and regularly checked;

• that all means of escape from fire are kept free from obstruction

Unlike HMO licensing, these regulations apply to all houses in multiple occupation as defined by the Housing Act 2000.  Essentially, this means that any house containing a group of more than two people who share common facilities such as a kitchen and bathroom, and do not form a single family or household.  ‘Household' is defined in s.258 of the Act and essentially includes only people who are members of the same family (including blood relations), or people living together as man and wife (or in an equivalent relationship for persons of same sex).

Examples: 

Three unrelated people sharing the same house - a HMO

An unmarried couple (living together) and a related child - not an HMO

Housing Act 2004, s.234:

The HMO Management Regulations are implemented under section 234 of the Housing Act 2004 which provides the power for government to make regulations for the management of all Houses in Multiple Occupation (HMOs). The section states:-

(1) The appropriate national authority may by regulations make provision for the purpose of ensuring that, in respect of every house in multiple occupation of a description specified in the regulations -

(a) there are in place satisfactory management arrangements; and

(b) satisfactory standards of management are observed.

(2) The regulations may, in particular -

(a) impose duties on the person managing a house in respect of the repair, maintenance, cleanliness and good order of the house and facilities and equipment in it;

(b) impose duties on persons occupying a house for the purpose of ensuring that the person managing the house can effectively carry out any duty imposed on him by the regulations.

(3) A person commits an offence if he fails to comply with a regulation under this section.

Scope of new Regulations: 

The new Regulations will cover the vast majority of HMOs, more than mandatory licensing. It is estimated that something in the region of 120,000 properties will be affected by mandatory licensing, that is of properties of 3 stories or more, containing 5 or more people in 2 or more households. These Regulations will affect four times that number. Estimates based on the English House Condition Survey indicate that approximately 640,000 properties will be affected. The Regulations cover all categories of HMO defined in the Act with the exception of  converted blocks of flats where the conversion was not compliant with the 1991 Building Regulations and less than two thirds are owner occupied (s257 Housing Act 2004).

The Act's definition of an HMO is complex and runs to six pages and a schedule. However, for the purposes of the management regulations, we are concerned with any situation where there are three or more unrelated occupiers, probably sharing a basic amenity. They could be three friends in a flat, a couple and an unrelated friend in a house, three individuals in bedsit-type accommodation or several other variants. In these cases, the property (could be the whole of the building or just part of the building) will become an HMO and must, by law, be run according to the Management of HMO Regulations.

The Regulations impose a series of duties on the person managing the HMO as defined in s.263(3) Housing Act 2004.

Unlike the current RICS-produced code of management for residential property, not complying with the new regulations could bring a fine of up to £5,000 and is therefore much more serious.

Duty to provide information:

The manager must ensure that:-

• his name, address and telephone contact number are available to each household in the HMO and

• these details are also clearly displayed in a prominent position in the HMO (this could be in the main hallway or another suitable position in the common parts of the building).

Duty to take safety measures:

The manager must ensure that all means of escape from fire in the property are kept free from obstruction and maintained in good order as should all fire alarms and equipment.

The manager should ensure that the structure is designed and maintained in a safe condition, and also take all such measures to protect the occupiers from injury. Particularly the manager should ensure that any accessible roof, balcony or low windows are suitably protected.

In properties with 4 or more occupants, the Regulations provide that fire escape notices should be clearly displayed.

Duty to maintain water supply and drainage:

The manager must ensure that the water supply and drainage system serving the property are maintained in a good, clean and working condition.

More specifically all water fittings should be protected from frost and all water storage tanks should be provided with covers. The manager must not unreasonably cause either the water or drainage provision to be interrupted to any occupant.

Duty to supply and maintain gas and electricity:

The manager must supply the local housing authority (LHA) within 7 days of receiving a written request with the latest gas safety certificate. Similarly, he/she must ensure every fixed electrical installation is inspected and tested at least every 5 years by a suitably qualified electrician and supply this to the LHA within 7 days of a written request. As with water and drainage, the supply of gas and electricity should not be unreasonably interrupted.

Duty to maintain common parts, fixtures, fittings and appliances:

The manager must ensure that all common parts of the property are maintained in good and clean decorative repair and safe and working condition and kept reasonably clear from obstruction.
Particularly the manager should ensure that:

• all handrails and bannisters are at all times kept in good repair;

• such additional handrails or bannisters as are necessary for the safety of the occupiers of the HMO are provided;
  any stair coverings are safely fixed and kept in good repair;

• all windows and other means of ventilation within the common parts are kept in good repair;

• the common parts are fitted with adequate light fittings that are available for use at all times by every occupier of the HMO; and

• fixtures, fittings or appliances used in common by two or more households within the HMO are maintained in good and safe repair and in clean working order.

The manager must ensure that:

• outbuildings, yards and forecourts which are used in common by two or more households living within the HMO are maintained in repair, clean condition and good order;

• any garden belonging to the HMO is kept in a safe and tidy condition; and

• boundary walls, fences and railings (including any basement area railings), in so far as they belong to the HMO, are kept and maintained in good and safe repair so as not to constitute a danger to occupiers.
  

If any part of the HMO is not in use, the manager shall ensure that such part, including any passage and staircase directly giving access to it, is kept reasonably clean and free from refuse and litter.

In these regulations, ‘common parts' includes staircases, passageways, corridors, halls, lobbies, entrances, balconies, porches and steps that are used by the occupiers of the units of living accommodation within the HMO to gain access to the entrance doors of their respective unit of living accommodation; and any other part of an HMO the use of which is shared by two or more households living in the HMO, with the knowledge of the landlord.

Duty to maintain living accommodation:

The manager must ensure that each unit of living accommodation within the HMO and any furniture supplied with it are in clean condition at the beginning of a person's occupation of it. Also he/she must ensure, in relation to each part of the HMO that is used as living accommodation, that:

• the internal structure is maintained in good repair;

• any fixtures, fittings or appliances within the part are maintained in good repair and in clean working order; and

• every window and other means of ventilation are kept in good repair.
  

These duties do not require the manager to carry out any repair the need for which arises in consequence of use by the occupier of his living accommodation otherwise than in a tenant-like manner (i.e damage by the tenant) and do not apply in relation to furniture, fixtures, fittings or appliances belonging to the occupier.

Duty to provide waste disposal facilities:

The manager must:

• ensure that sufficient bins or other suitable receptacles are provided for the storage of refuse and litter pending their disposal; and that these are adequate for the requirements of each household occupying the HMO.

• make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority.

General duties on tenants: 

Whilst most of the duties are imposed on management, tenants do not escape some specific responsibilities. Every occupier of an HMO must:

• conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties;

• allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person;

• provide the manager, at his request, with any such information as he may reasonably require for the purpose of carrying out any such duty;

• take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations;

• store and dispose of litter in accordance with the arrangements made by the manager; and

• comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment.

Exclusions:

These Regulations apply to houses in multiple occupation ("HMOs") in England but do not apply to converted blocks of flats to which section 257 of the Act applies.  These are buildings that have been converted into and consist of self-contained flats where the building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them, and less than two-thirds of the self-contained flats are owner-occupied.

Wales: In Wales separate provisions apply. (see National Assembly for Wales website at www.wales.gov.uk)

Penalties:

A person who fails to comply with these Regulations commits an offence under section 234(3) of the Housing Act 2004.  The maximum penalty for non-compliance is a fine not exceeding level 5 on the standard scale (currently £5,000).

Recommended action:

Under the Housing Act 2004, the definition of an HMO is much broader, and will cover many rented properties.

Since the classification of HMO or not is now determined by the nature of the occupants, landlords are well-advised to ensure that all properties will meet the HMO standards.  This could include new requirements introduced by these regulations such as:

• Fixed electrical wiring checks on properties at least every five years

• Ensure that all water tanks have a proper cover over then to keep the contents in clean condition

For further information:

• The Letting Centre, website www.letlink.co.uk

• Department of Communities and Local Government's website at www.dclg.gov.uk.

A full copy of the Regulations can be downloaded from the Office of Public Sector Information on www.opsi.gov.uk/si/si2006/20060372.htm

This summary is intended to assist landlords and letting agents to understand the effect of the legislation.  It is not an authoritative interpretation - this is a matter for the courts.  For more detail, you should refer to the text of the legislation.