House in Multiple Occupation (HMO)
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Apply for a homes in multiple occupancy (HMO) licence (Opens in a New Window)
Change in circumstances for a homes in multiple occupancy (HMO) licence (Opens in a New Window)
Are you Eligible?
You must be a fit and proper person to hold the licence.
In determining if a person is fit and proper for the purposes of the Act, the council must take into account:
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Any previous convictions relating to violence, sexual offences, drugs and fraud
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Contravention of any law relating to housing or landlord and tenant matters
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Whether the person has been found guilty of unlawful discrimination
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Whether the person has contravened any Approved Code of Practice
It is, however, a matter for the council to determine the relevance of these considerations (or other matters it considers to be relevant) in deciding whether or not a person is fit and proper.
How We Process Your Application
Licences will be granted if:
- the house is or can be made suitable for multiple occupation
- the applicant is a fit and proper person and the most appropriate person to hold the licence
- any proposed manager, having control of the house, is a fit and proper person to be the manager
- the management arrangements are satisfactory
A full inspection of the property will be undertaken prior to a licence being issued.
Under Section 72 of the Housing Act 2004 a person commits an offence if they are a person having control of or managing an unlicensed licensable HMO and are liable on summary conviction to an unlimited fine, or as an alternative to prosecution to a civil penalty of up to £30,000. A person also commits an offence under Section 72 of the Housing Act 2004 if they knowingly permit more households or persons to occupy a licensable HMO than is authorised by their HMO Licence. Under Section 73 of the Housing Act 2004 tenants and Local Authorities may seek a refund of rent, Housing Benefit or Universal Credit paid during the period in which the property was being operated as an unlicensed licensable HMO via a Rent Repayment Order. No offence is committed by a person who has an outstanding duly made application either for a HMO licence, for a temporary exemption or where an interim or final management order is in force.
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Regulations
View the Housing Act 2004 (Opens in a New Window)