Houses in multiple occupation

Since 2006 landlords of some HMOs have been required to obtain a licence from the Council which places conditions on the way the landlord maintains and manages the property. The local authority carries out safety inspections and issues licences for homes of multiple occupancies to ensure that they are:

• Safe
• Not overcrowded
• Are managed well by a 'fit and proper' person

The law changed in October 2018

The Government has changed the HMO licensing requirements so from 01 October 2018 the number of storeys that a property has is no longer relevant. This means a landlord/manager of an HMO will be required to hold a licence if the property has:

• Five or more occupants;
• Forming more than two households

If you are a landlord/manager of an HMO that meets the above criteria you need to apply for a licence immediately. It is a criminal offence to operate a licensable HMO without a licence.

If you are unsure whether your property requires an HMO licence under the new definition you can complete the pre-application questionnaire in the downloads at the bottom of the page.

You must complete the HMO licence application form and return it to the Council with the required fee. The guidance notes should be read before completing the application form from the downloads at the bottom of the page.

It can take up to six months from receipt of a complete application (including the submission of all the required documents and the fee) to determine the licence application and either grant or refuse the licence.

The application form must be accompanied by a number of documents which are listed on the application form.

You can apply using the online application form above.

HMO licences usually last for five years but this can occasionally be for a shorter period depending on the circumstances. The fee reflects the amount of work that the Council is required to carry out on a standard application and the monitoring during the licence period. There are reduced fees for applications to renew existing licences and for multiple applications received at the same time.

The fee is split into two parts; the application fee covers the cost of processing the licence and is non-refundable if the application is not successful or is withdrawn. There is a separate charge to cover the costs of the licensing scheme during the period of the licence, which is payable once a licence has been issued.

There are reduced fees where more than one application is made at the same time.

New licence application fees

If you are making more than one new licence application at the same time the standard fee applies to the first application, but each subsequent application is £520.

The monitoring charge payable once the licence is issued is £330. The total cost of a new HMO licence over the five-year period is £935 (or £850 for subsequent applications).

*An additional fee will be applicable for an HMO licence if a property is found to be already operating as a licensable HMO of £165.00. Where appropriate landlords may still be prosecuted or be liable to a civil penalty of up to £30,000.

Renewal licence application fees

If you are making more than one renewal application at the same time the standard renewal fee applies to the first application, but each subsequent application is £385.

The monitoring charge payable once the licence is issued is £330. The total cost of a renewal HMO licence over the five-year period is £800 or (£715 for subsequent applications)

A licence application will not be accepted until the application fee has been paid.

Payment can be made by:

• Using our online application form
• Cheque - please make it payable to "Blaby District Council" and include with the application form
• Contacting us at our Narborough offices

If you intend to change the occupancy of an HMO so that it will no longer require a licence, you can apply for a Temporary Exemption Notice. This notice only lasts for three months (in exceptional circumstances it can be extended for a further three months) and we must be satisfied that your proposals to take the property out of needing a licence can realistically be achieved in that time.

If the property needs to be licensed but no application has been made for the licence or notice, it is not possible to lawfully evict tenants under Section 21 of the Housing Act 1988. If the application for a notice is approved the Section 21 rights are retained for the period of the temporary exemption notice. If the application is rejected, then the right to use Section 21 is lost. The courts will decide on the validity of any Section 21 notice served.

To apply for a notice, please complete the Temporary Exemption Notice application form in downloads at the bottom of the page.

All licences are listed on our Public Register of HMO licences. If the property you suspect is not on that register, you can provide us with the address and other information that you think is useful.

However you choose to contact us, we will treat the information in the strictest confidence. We will never pass your details onto anyone involved in the management of the property.

It is a criminal offence to operate an HMO without a licence if it is required to have one. Landlords can be prosecuted in Magistrates Court and given an unlimited fine. In addition, the Council and tenants can apply for a rent repayment order and claim back up to 12 months rent/housing benefit payments. Alternatively, we may choose to issue a civil penalty which could be up to £30,000.

All HMO licences must have mandatory conditions attached to them. These conditions cover issues including:

• The maximum number of occupants and households
• Gas safety
• Electrical Safety
• Fire safety
• Kitchen and bathroom amenities
• Management standards including the requirement for the licence holder to be a fit and proper person
• Landlord and tenant agreements

In addition, the Council can add discretionary conditions when deemed appropriate.

It is a criminal offence to break any of the licence conditions or to not maintain an HMO in a safe and reasonable condition. The landlord/licence holder can be prosecuted for this offence and fined an unlimited amount.

All licensed HMOs will be inspected as part of the application process and a further inspection will be conducted approximately halfway through the five-year term of the licence. We can carry out additional inspections if necessary, for example, if complaints from tenants are received.

If serious health and safety issues are identified we can take legal action to protect the occupants. This can include serving legal notices requiring the landlord to make repairs, or in the most serious cases, it can conduct emergency repairs or close all or parts of the property.

Before issuing a licence we must be satisfied that the property is suitable for the number of occupants applied for and that it is safe. The minimum space and amenity standards document that all licensed HMO must meet is available below

These standards vary depending on the type of HMO such as bedsits, shared houses (such as student houses), hostels etc. and cover:

• Minimum bedroom sizes
• The number of bathrooms and toilets required
• The minimum size of the kitchen / shared living space and the number of cooking facilities

Following the introduction of legislation in 2018 prescribing minimum room sizes, the Council will allow some discretion on the size of bedrooms (minimum of 6.51 metre square for single bedrooms, 10.22 metre square for double bedrooms) where there is adequate communal living space.

The Government has issued guidance on fire safety to assist in understanding what has to be done for HMOs to comply with the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005. The intention of this guidance is to ensure that there is a consistent risk assessment approach in private rented properties by both Fire Services and Local Authorities. Compliance with the guidance should in most cases also satisfy the HMO licensing requirement.

It is a requirement that all HMOs (not just licensed HMOs) have a fire risk assessment conducted and the appropriate fire safety measures put in place.

Blaby District Council does not currently operate any Additional or Selective Licensing schemes for rental properties.

Under permitted development rights it is lawful for any residential property in Blaby District to be an HMO as long as there are six or fewer occupants. If there are seven or more occupants the property requires a change of use planning permission to be a large HMO. The planning application process will consider whether the proposal is suitable for that location and will either be granted or rejected. It is a breach of planning control to have an HMO with seven or more occupants unless it has the required planning permission, and the Planning Enforcement team will investigate where this is suspected.

For further details on planning permission contact the Planning Department at Blaby District Council.

When processing an HMO licence application the Council considers how many persons the property would be suitable for (based on size and amenities) irrespective of the location and planning permission. However, all HMO licences contain the following caveat after stating how many occupants the licence permits:

“Please take note that this does not imply that planning permission for this number of occupants is hereby permitted. Planning permission must be obtained should the premises be intended to be occupied on a permanent basis by more than 6 persons.”

Therefore, should a property be given a licence for seven or more occupants, this does not override the planning controls and the landlord still cannot have seven or more occupants if they do not have the required planning permission. Being granted a HMO licence for seven or more occupants does not imply that it is suitable for planning terms and will not be a relevant factor in any subsequent planning application.

For further details on planning permission contact the Planning Department at Blaby District Council.

Blaby District Council are required to maintain a public register of licensed HMOs which provides details about properties that hold a HMO licence in the District.  A summary version of the register is available to download from a link at the bottom of this page.  A full copy of the register can be obtained by submitting a written request to environmental.health@blaby.gov.uk or Environmental Health, Blaby District Council, Council Offices, Desford Road, Narborough, Leicester, LE19 2EP.

Please note, that the number of persons allowed by licence does not mean that the property has planning permission to be occupied by more than six persons.  Most residential properties do not have this planning permission, and therefore unless the property has been granted such permission, in most circumstances the occupancy is restricted to six persons even if the licence states that the property could be suitable for a higher number.  Information about planning permission can be obtained by contacting the Development Control Team at planning@blaby.gov.uk.

You can check the full planning history of a property on the Council's website at Search for Planning Applications.  There is not a specific planning use class for large HMOs but it is likely that an application for this use with have "HMO" in the title.