Licensing of Houses in Multiple Occupation (HMOs)
An HMO licence must be obtained for properties that meet the mandatory HMO Licensing criteria.
From the 1st October 2018, the new national mandatory HMO Licensing criteria means that an HMO licence will be required for all properties occupied by five or more people forming two or more households who share basic amenities (such as a kitchen or bathroom) as their main and only place of residence. The 'storey' element has been removed and the number of households living in the property and the number of people in those households determine whether a licence is required. Applications should be submitted immediately for properties meeting these criteria.
Properties meeting this new criteria must have had a valid application submitted or already have a valid HMO Licence. From the 1st October 2018 failure to have submitted a valid application for a HMO licence or have a valid HMO licence for operating a HMO is a criminal offence. Failing to comply with the law may result in the issue of a Civil Penalty by the Council or prosecution by the Council. Civil penalties are limited to £30,000 per offence and HMO prosecutions carry unlimited fines. For details on the Powers available to the Council, see Related articles.
A HMO licence will normally last for a maximum of five years, although it can be for a shorter period.
A guide to assist landlords in checking if their property needs an HMO Licence is available to download - please see Related documents.
Note: A household can be a single person or certain members of the same family who live together. The Private Sector Housing team can provide guidance on what constitutes a family. For more details please see the Housing Act 2004, Section 258 in Useful links.
The fee for an HMO Licence application is currently £948.
Summary of requirements
The responsibility for applying for an HMO Licence for a property rests with the landlord. To apply for a licence the applicant and/or manager of the property must be a "fit and proper person". Boston Borough Council will determine whether the applicant is a fit and proper person by looking at whether they have:
Committed any serious criminal offences;
Discriminated illegally against anyone;
Breached laws that relate to renting out property.
In addition, the licence holder will be asked to provide a Basic Disclosure certificate. Further information on how to obtain this from the Disclosure and Barring Service (DBS) is available on the HMO licence portal (see below) and in Useful links.
Mandatory HMO Licences are valid for up to 5 years and will specify the number of occupiers permissible in the HMO. Occupancy numbers will depend on the size of the rooms used for sleeping and the facilities available.
HMOs must meet certain standards to be licensed; these are set out in Schedule 4 of the Housing Act 2004 and subsequent amendments. The Act also allows a local authority to include additional conditions it considers appropriate. All the standards and conditions that are required by Boston Borough Council can be found in Appendix A of the Private Sector Housing Policy Framework - see Related documents.
The licence holder is required to comply with the Management of Houses in Multiple Occupation (England) Regulations 2006, as amended, as well as any approved code of practice issued under Section 233 of the Housing Act 2004.
Where a property does not meet all of the requirements for a full licence, the Council may:
Apply conditions to the licence;
Reduce the length of the licence and apply conditions to the granting of the licence;
Restrict the occupation of the property until conditions are met;
Refuse to grant the licence
If you rent out a property which requires a license but you intend to make the property one which no longer requires a licence, you must apply for a Temporary Exemption from Licensing which can last for a three-month period up to a maximum of six months. Please email the Private Sector Housing team - see Contact us.
|[485kb]||HMO and residential property licensing reform - guidance||HMO licensing reform guidance|
|[1Mb]||Private Sector Housing Policy Framework 2018||Private Sector Housing Policy Framework 2018|
|[3Mb]||Delegation of Decisions - Authorisations for Private Sector Housing||Delegation of decisions|
|[360kb]||HMO Public Register||HMO public register|
|[36kb]||The Licensing of Houses in Multiple Occupation (Prescribed Description)(England) Order 2018||The Licensing of Houses in Multiple Occupation (Prescribed Description)(England) Order 2018|
|[9kb]||The Licensing of Houses in Multiple Occupation (Prescribed Description)(England) Order 2018 - correction slip||The Licensing of Houses in Multiple Occupation (Prescribed Description)(England) Order 2018 - correction slip|
|[153kb]||The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences)(England) Regulations 2018||The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences)(England) Regulations 2018|
|[487kb]||HMO and residential property licensing reform - non statutory guidance for Local Housing Authorities||HMO and residential property licensing reform - non statutory guidance for Local Housing Authorities|
The documents in this section are in Adobe Acrobat format (pdf). You will need Acrobat Reader to view these files which can be downloaded from the Adobe website free of charge.