Introduction

Acknowledgements

Acknowledgement is given to LG Regulation & ANUK for source material

Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland

Introduction to Subject

The Housing Act 2004 specifies what is a House in Multiple Occupation for the purposes of HMO management and licensing. It creates an overall definition of an HMO but only those on 3 or more storeys with 5 or more tenants sharing some facilities will have to be licensed.

Certain HMOs require planning permission. The type of HMO that this applies to is different from the definition in the Housing Act. These Planning definitions changed in April 2010, but from the Autumn 2010, Local Authorities are now able to choose whether to enfore the requirement for Planning Permission of certain HMOs, and if so, whether this is over their whole district, or just in certain areas.

Landlords of some HMOs have to pay the Council Tax for that property. The regulations putting this responsibility on landlords are contained in the Council Tax (Liability for Owners) Regulations 1992 as amended in 1993.

The definitions of HMO for these three areas of legislation are slightly different and can cause confusion. A property could be an HMO for one purpose, but not another.

Legislation

• Housing Act 2004
• Town and Country Planning (Use Classes) Order 1987
• Town and Country Planning (Use Classes) (Amendment) (England) Order 2010
• Town and Country Planning (General Permitted Develpment) (Amendment) (England) Order 2010
• Council Tax (Liability for Owners) Regulations 1992
• Council Tax (Liability for Owners) (Amendment) Regulations 1993