Anyone who owns or manages an HMO that must be licensed has to
apply to the Council for a licence.
The Council must give a licence if it is satisfied that:
- The HMO is reasonably suitable for occupation by the number of
people allowed under the licence
- The proposed licence holder is a fit and proper person
- The proposed licence holder is the most appropriate person to
hold the licence
- The proposed manager, if there is one, is a 'fit and proper
person'
- The proposed management arrangements are satisfactory
- The person involved in the management of the HMO is
competent
- The financial structures for the management are suitable
The Meaning of Fit and Proper Person
The Council has to be satisfied that the person applying
for the licence is a fit and proper person.
In deciding whether someone is fit and proper the Council must
take into account:
- Any previous convictions relating to violence, sexual offences,
drugs and fraud
- Whether the proposed licence holder has broken any laws
relating to housing or landlord and tenant issues
- Whether the person has been found guilty of unlawful
discrimination
- Whether the person has previously managed HMOs that have broken
any approved code of practice
It is advisable for the landlord or manager to be a member of a
professionally recognised body, or an approved landlords
association that is affiliated to the National Federation of
Residential Landlords.
The licence will specify the maximum number of people who may
live in a HMO. It will also include conditions concerning the
following, which apply to every licence:
- a valid current gas safety certificate, which is renewed
annually, must be provided
- all electrical appliances and furniture are kept in a safe
condition
- all smoke alarms are correctly positioned and installed
- each occupier must have a written statement of the terms on
which they occupy the property, for example, a tenancy
agreement
Councils may also apply the following conditions:
- restrictions or prohibitions on the use of parts of the HMO by
occupants
- a requirement that the condition of the property, its contents,
such as furniture and all facilities and amenities, bathroom and
toilets for example, are in good working order
- a requirement for specified works or repairs to be carried out
within a particular timeframe
- a requirement that the responsible person attends an approved
training course
Duration and Cost of a Licence
A licence will normally last for a maximum of five years,
although it can be for a shorter period.
Landlords will have to pay a fee to cover the costs of the
licence procedure.