HMO information for landlords

Questions landlords often ask us about houses in multiple occupation (HMOs)

Which properties require a HMO licence?

Bedsits or houses rented out in rooms likely occupiers

Individuals with no connection to each other (no family links) and the landlord rents each room under a separate agreement; possible shared bathroom, toilet or kitchen facilities, and the tenant has exclusive use of his room.

Hostels likely occupiers

Vulnerable occupiers who may need support to help them to live independently; often run by charities.

Shared houses or flats likely occupiers

Students or professionals as a group on one tenancy contract.

Resident landlord property likely occupiers

The owner lives on site and rents out rooms to more than 2 people. Occupiers live under the overall control of the landlord who is responsible for the house. Occupiers can be people who share the house with the owner or have an arrangement where meals included

Certain buildings converted into flats likely occupiers

Flat conversions with more than a third let out to tenants on a short lease, where the conversion does not meet the standards of the 1991 Building Regulations. These are a separate higher risk group of properties called Section 257 HMOs, identified in the Housing Act 2004.

See our Amenities Guide (PDF) if the property doesn't meet the building regulations.

Visit the government's website for more information.

How do I apply for a licence?

Find out how to apply online.

What additional info do I require to support the application?

Submit the documents required to make the application ‘duly made’/valid. These include:

  • plans of the property which include room measurements, guidance available in appendix 17 of our HMO guidance (PDF)
  • landlords gas safety certificate (if gas in the property)
  • valid electrical installation condition report (usually completed within the last 5 years)
  • fire alarm installation and testing certificates
  • emergency lighting service certificates (if installed in the property)
  • any planning consents for building works/conversions in place for the property
  • any building control approval documents and completion certificates for works at the property
  • a blank tenancy agreement that you are currently using or intend to use
  • copy of photographic ID for any licence holder/manager e.g. passport driving licence
  • passport-sized photograph of each licence holder/manager if a person
  • details of government tenancy deposit scheme in which the deposits are held
  • fire safety risk assessment, a copy is available here with guidance if you do not have an assessment already in place link to fire service risk assessment
  • if the property is leasehold, then a full copy of the terms and conditions of the lease will need to be provided to confirm legal operation of an HMO

View or download our HMO guidance (PDF) for further advice.

How do I pay the HMO license fee?

Pay part 1 of the licence fee as directed. You will be required to pay part 1 before issue of the licence and will be required to pay the part 2 charge following the issue of the licence. The part 2 charge is to cover the costs of an inspection of the property during the life of the License and associated administrative costs. The licence fee changes each year based on inflation and costs of administering the scheme.

Check our fees and charges for the current licence fee.

We'll then inspect the property, looking at:

  • fire precautions
  • space
  • amenities
  • state of repair
  • gas and electrical safety
  • management

Additionally, checks are made to ensure that the proposed licensee is a fit with the proper person. (See definitions at end of FAQs)

How long will the licence last?

The licence will last from 1 to 5 years, depending on historical compliance and intervention. Your case officer will give you more advice.

How do I vary the conditions on my licence?

To vary your licence:

  1. view or download a variation application form (PDF)
    Please note: You'll need to download and install Adobe Reader (free) to complete our PDF forms
  2. return the form to us
    Email: psh@centralbedfordshire.gov.uk
    If you choose to email your completed form, please note that email is not a secure medium. We strongly recommend that you encrypt your form and send us the password on a separate email
    Post:
    Private Sector Housing
    Priory House
    Monks Walk
    Chicksands
    Shefford
    Bedfordshire
    SG17 5TQ
  3. pay your variation fee (check our fees and charges), on receipt of your invoice

What happens if I sell or buy a HMO before the expiry date of the license?

HMO licenses are not transferable, so a new application will be required.

What extra work will I have to pay for?

This will depend on the property. Most HMOs will have some of the requirements and have some measures already in place, but may require extra fire safety measures such as:

  • additional mains wired interlinked smoke and heat alarms
  • 30-minute fire resisting doors
  • fire blankets to be located in kitchens
  • additional amenities such as toilets and bathrooms
  • additional facilities for the preparation, storage and cooking of food

View or download our HMO guidance (PDF) for further advice.

Do I need planning permission or building regulation approval?

You may need to apply for planning permission and building regulation approval. Find out more about planning.

How do I know if I am exempt?

Where unrelated occupiers live with a family but as carers or nannies, for example foster children, stepchildren, the following property types are excluded from needing an HMO licence:

  • properties occupied by no more than two unrelated people
  • HMOs owned by housing associations
  • HMOs that are excluded from the definition such as police colleges, university halls, religious communities
  • HMOs where conditions are controlled by other regulators such as nursing or children’s homes
  • properties occupied by the resident landlord and a maximum of 2 other persons who are not part of his or her household

Schedule 14 of the Housing Act 2004 lists all the exemptions.

What if I don’t want a licensable HMO?

You can apply for a three-month temporary exemption notice (TEN) if the:

  • property is in the process of being sold
  • owner has given the tenants notice and the property will be sold
  • owner is moving into the property and it will only be occupied by the owner and their family (if any) and no more than two tenants
  • property is in the process of being converted into studios/flats or a commercial premises with planning and building control approvals
  • licence holder has died and the property is subject to probate

When applying for a TEN, please be sure to include any evidence in support of the application. We're not obliged to issue a TEN and the application may be refused.

How to apply for a TEN

To apply:

  1. view or download a TEN application form (PDF)
    Please note: You'll need to download and install Adobe Reader (free) to complete our PDF forms
  2. Return the form to us
    Email: psh@centralbedfordshire.gov.uk
    If you choose to email your completed form, please note that email is not a secure medium. We strongly recommend that you encrypt your form and send us the password on a separate email
    Post:
    Private Sector Housing
    Priory House
    Monks Walk
    Chicksands
    Shefford
    Bedfordshire
    SG17 5TQ

How do I appeal against a licence?

When giving you our decision on licensing, we'll give you details of the right of appeal.

In the first instance, you need to appeal to a residential property tribunal, which is a body independent from local councils or the government. In most cases there are time limits for making an appeal and generally, you will have to pay a fee.

Find out how to appeal to a tribunal.

Our residential property tribunal is: Eastern region

You can also get information or advice from a landlord representative body, a housing advice centre, the Citizens Advice or a solicitor.

What if I am a tenant? How will this affect me?

The scheme will improve safety standards and the management of your home.

Email psh@centralbedfordshire.gov.uk, if you have any concerns.

Definitions

Person having control

Person having control in relation to premises, means (unless the context otherwise requires) the person who receives the rack rent of the premises (whether on his own account or as agent or trustee of another person), or who would so receive it if the premises were let at a rack – rent.

Person managing

The person who, being an owner or lessee of the premises, receives rent or other payments (whether directly or through an agent or trustee) from persons in occupation as tenants or licensees of part of the premises of a house in multiple occupation (HMO). This also includes owners or lessees who would have received rent or other payments but for an arrangement for another person to receive the rent or payment (for example in pursuance of a court order).

Owner means the person:

  • who is, for the time being, entitled to dispose of the fee simple of the premises whether in possession or in reversion (other than a mortgage not in possession)
  • holding or entitled to the rents and profits of the premises under a lease having an unexpired term exceeding three years

Fit and proper person

The evidence that must be considered in determining whether someone is a fit and proper person to be a licence holder or a manager includes whether that person (or a relevant associate e.g. a spouse or business partner) has:

  • been engaged in offences of fraud, dishonesty, violence, drugs or sexual offences (attracting notification under the Sexual Offences Act 2003)
  • practiced unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, disability in connection with the carrying on of any business
  • contravened any provision of the law relating to housing or of landlords and tenant law. Spent convictions are not, in this context, taken into account
  • received a banning order (Housing and Planning Act 2016)

Competent person

A person with sufficient practical and theoretical knowledge, adequately qualified and experienced to carry out the task. This person should be aware of their own limitations with regards to the task.