Landlords' guide to standards for houses in multiple occupation (HMO) - www.spelthorne.gov.uk/hmo
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Landlords’ guide to standards for houses in multiple occupation (HMO) www.spelthorne.gov.uk/hmo eh.residential@spelthorne.gov.uk 01784 446251 Environmental Health, Spelthorne Borough Council, Council Offces, Knowle Green, Staines-upon-Thames, TW18 1XB
Contents Introduction 3 Space standards 4-5 Personal washing facilities 6 Toilet facilities 7 Sharing ratios for bathrooms and toilet facilities 8 Facilities for storage, preparation and cooking of food 9-12 Kitchens for exclusive use: bedsits 13 Fire safety 14-18 Management 19 Property plans 20 Housing Health and Safety Rating System (HHSRS) 21-22 Planning 23 Building Control 23 Recycling and waste management 24 Further information 25-27 2 Landlords’ guide to standards for houses in multiple occupation (HMO)
Introduction
This guide has been produced by Spelthorne Borough Council to assist owners, agents and
occupiers in relation to the standards they should expect in houses in multiple occupation
(HMOs). The information covers both licensed and non-licensed HMOs.
Definition of a house in multiple occupation (HMO)
An HMO is defned in law as a house or flat in which three or more unrelated persons forming
two or more households share an amenity such as a bathroom, toilet or cooking facilities.
This includes shared houses and bedsits. A ‘household’ is defned as either a single person or
members of the same family who are living together.
An HMO is also a converted building which has one or more non self-contained units. A non
self-contained unit is where one or more of the facilities is not within the occupant’s room.
This applies even if the facility is for the exclusive use of the occupant.
An HMO is also a building that has been converted into self-contained flats, and less than two-
thirds of which are owner occupied and the conversion does not meet the appropriate Building
Regulations. If the property was converted prior to June 1992, the conversion must meet the
1991 Building Regulations for it not to be an HMO. If the conversion took place after June 1992,
the conversion must meet whichever Building Regulations that were in force at the time of
conversion for it not to be an HMO.
Licensing of HMOs
Further to legislation changes in October 2018, the Council requires HMOs to be licensed if
there are fve or more people that form two or more households, regardless of the number
of storeys.
Legal standards in HMOs
The Housing Act 2004 and associated regulations state the minimum standards in HMOs. This
guide will explain the legal requirements and provide the Council’s approach on how those
standards should be achieved.
Management Regulations
All HMOs are subject to the Management of Houses in Multiple Occupation (England)
Regulations 2006 (The Management Regulations) whether they need a licence or not. Failure
to comply with these regulations may result in prosecution and an unlimited fine.
Please note: This document should only serve as a guide. It gives the standards reasonably
expected for a typical HMO. The requirements specific to your property may change following
a site visit or advice from an officer. For further information please contact the residential
team, email: eh.residential@spelthorne.gov.uk or telephone 01784 446251.
Updated December 2019
Spelthorne Borough Council 3
Space standards
Legal requirements
The minimum size for a bedroom occupied by one person is to be 6.51m2 and for two people
10.22m2 as stated in part X (ten) of the Housing Act 1985. In addition to this, the minimum size
for a bedroom for a child under 10 is 4.64m2.
The Licensing and Management of Houses in Multiple Occupation and Other Houses
(Miscellaneous Provisions) (England) Regulations 2006 require kitchens, bathrooms and
WCs to be of adequate size, as set out in this guide. If there are no communal living areas,
bedrooms would need to be larger.
Spelthorne Borough Council has adopted the following guidelines as minimum requirements.
HMOs where occupiers share kitchen facilities
Follow the table from left to right to work out the space requirements in your HMO.
Table 1
Total
Minimum Minimum 1 to 2 storey
number of 3+ storey HMO minimum living/
bedroom kitchen HMO minimum
people in dining space
size size living space
HMO
Either: 11m2 separate living room
11m2 separate
within 1 floor distance of kitchen;
living room; or
or: 13m2 kitchen/diner and 11m2
3–5 people 7m2 18m2 combined
1 occupant living room elsewhere;
kitchen/living
6.51m2 or: 18m2 combined kitchen/living/
room
or dining room
2 occupants Either: 14m2 separate living room
10.22m2 14m2 separate
within 1 floor distance of kitchen;
living room; or
or: 16m2 kitchen/diner and 14m2
6–10 people 10m2 24m2 combined
living room elsewhere;
kitchen/living
or: 24m2 combined kitchen/living/
room
dining room
Either: 13m2 kitchen/diner;
or: 11m2 separate dining room within
3–5 people 1 occupant 7m2 1 floor distance of kitchen;
8.5m2 No additional unless: all bedrooms within 1 floor
or communal distance of kitchen
2 occupants living space Either: 16m2 kitchen/diner;
14m2 required or: 14m2 separate dining room within
6–10 people 10m2 1 floor distance of kitchen;
unless: all bedrooms within 1 floor
distance of kitchen
• The minimum kitchen area must be provided in all cases.
• A living room will be accepted as a dining room and vice versa, provided the minimum space
requirements (given above) are fulflled.
4 Landlords’ guide to standards for houses in multiple occupation (HMO)Space standards (continued) HMOs with kitchen facilities for the exclusive use of occupants (Bedsits) 1. A bedsit is where sleeping, living and cooking amenities are provided for exclusive use by occupants within a single unit of accommodation (i.e. one room). 2. A bedsit can be occupied by a maximum of two persons. 3. Room sizes: 1 person bedroom/living room/kitchen must be a minimum of 14m2 2 person bedroom/living room/kitchen must be a minimum of 18m2. 4. If every bedsit room within the HMO has exclusive use of their own kitchen facilities, there will be no requirements for a shared kitchen. 1 or 2 person self-contained flats contained within an HMO 1. Where the building is an HMO consisting of self-contained flats, the bedrooms must meet the minimum sizes of 6.51m2 for one occupant and 10.22m2 for two occupants. 2. The kitchen must be of adequate size and layout. Notes The measured space in any room must be ‘usable space’. The room should be able to accommodate the required amount of appropriate furniture easily and still allow space for movement around the room. Measurements must be taken from skirting board to skirting board. Any floor space that has a ceiling height of less than 1.5m (5ft) shall be disregarded. En-suites must not be included in the room size measurements. Spelthorne Borough Council 5
Personal washing facilities
Legal requirements
The Licensing and Management of Houses in Multiple Occupation and Other Houses
(Miscellaneous Provisions) (England) Regulations 2006 set standards for washing facilities as
below:
1. Bath/showers shall be provided in the ratio of at least one to every fve persons sharing.
2. The bathrooms or shower rooms shall be readily accessible and normally not more than one
floor away from the user. Shared facilities shall be accessible from a common area. Facilities
must be inside the building.
3. Bathrooms and shower rooms must be of adequate size and be laid out in such a way as to
enable persons to undress, dry and dress themselves in a safe manner.
4. Each bath, shower and wash hand basin shall be provided with a continuous and adequate
supply of hot and cold running water, designed to ensure reasonable temperature control.
5. Bathrooms and shower rooms must have adequate lighting, heating and ventilation.
6. Bathrooms must be ft for purpose.
7. Where there are fve or more occupiers, where reasonably practicable there must be a wash
hand basin with appropriate splash-back provided in each separate unit of accommodation
(in every bedroom or bedsit) that doesn’t already have a sink.
Spelthorne Borough Council guidelines
To meet the above requirements of adequate size, layout, and to be ft for purpose, Spelthorne
Borough Council has adopted the following additional requirements:
1. Where a child under 10 lives in the property, a bath must be provided.
2. An effcient and safe fxed space heating appliance, that is capable of maintaining each
room at a minimum temperature of 19ºc when the outside temperature is -1ºc, must be
provided. The fxed space-heating appliance may be an adequate central heating system
with thermostatic radiator valves (TRVs) or a fxed electrical appliance. The heating must be
under the control of the occupiers for timings and temperature settings.
3. Bathrooms must have mechanical ventilation to the outside air at a minimum extraction
rate of 15 litres/second in addition to any openable window(s). The system is to be either
coupled to the light switch and incorporate a suitable over-run period, or an appropriately
set humidistat.
4. A tiled splash-back of at least 300mm shall be provided to all baths and wash hand basins.
Shower cubicles shall have fully tiled walls and be provided with a suitable water-resistant
curtain or door to the cubicle. Bathrooms and shower rooms shall have smooth, impervious
wall and ceiling surfaces, which can be easily cleaned. The flooring should be capable of
being easily cleaned and slip-resistant.
5. For bathroom fttings the following minimum dimensions shall apply:
Item Dimension
Bath 1700mm x 700mm
Shower 800mm x 800mm
6. Bathrooms and shower rooms must be constructed to ensure privacy.
6 Landlords’ guide to standards for houses in multiple occupation (HMO)Toilet facilities Legal requirements The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 set standards for sanitary conveniences. 1. Where there are four or fewer occupiers sharing facilities, there must be one toilet which may be situated in the bathroom. 2. Where there are fve or more occupiers there must be one toilet with wash hand basin separate from the main bathroom for every fve sharing occupiers. 3. Toilets are to be provided in bathrooms or separate compartments of an adequate size and layout. The rooms shall have smooth, impervious wall and ceiling surfaces, which can be easily cleaned. The flooring should be capable of being easily cleaned and slip-resistant. 4. Toilets shall be readily accessible and normally not more than one floor away from the user. Shared facilities shall be accessible from a common area. Facilities must be inside the building. 5. A toilet provided in a separate compartment must have a wash hand basin with an appropriate splash-back. Spelthorne Borough Council guidelines To meet the above requirements of adequate size, layout, and to be ft for purpose, Spelthorne Borough Council has adopted the following additional requirements: 1. Separate toilet compartments should be a minimum dimension of 1300mm × 900mm with 750mm in front of the toilet. 2. Each toilet in a separate compartment is required to have a window that opens equivalent to 1/20th of the floor area or mechanical ventilation to the outside air at a minimum extraction rate of six litres/second. 3. An effcient and safe fxed space-heating appliance, that is capable of maintaining each room at a minimum temperature of 19ºc when the outside temperature is –1ºc, must be provided. The fxed space-heating appliance may be an adequate central heating system with thermostatic radiator valves (TRVs), or a fxed, hard-wired electrical appliance. The heating must be under the control of the occupiers for timings and temperature settings. 4. A wash hand basin with appropriate splashback must be provided in the same compartment as the toilet. 5. Compartments must be constructed to ensure privacy. Spelthorne Borough Council 7
Sharing ratios for bathrooms and toilet
facilities
Legal requirements
The Licensing and Management of Houses in Multiple Occupation and Other Houses
(Miscellaneous Provisions) (England) Regulations 2006 set standards for the number of
bathrooms/showers and toilet facilities in HMOs.
1. Where there are four or fewer occupiers sharing facilities there must be one bathroom with
fxed bath or shower and a toilet (which may be situated in the bathroom).
2. Where there are five or more occupiers sharing facilities, there must be:
• One separate toilet with wash hand basin for every fve sharing occupiers.
• One bathroom (which may contain a toilet) with a fxed bath or shower for every fve
sharing occupiers.
The information below explains this requirement in more detail:
Table 2
Number of people Facilities required
irrespective of age If a child under 10 lives in the property, a bath must be provided
1-4 people The minimum provision is 1 bathroom containing toilet, bath or
shower and wash hand basin.
The bathroom and toilet may be in the same room.
5 people The minimum provision is 1 bathroom with a bath or shower and 1
separate toilet with wash hand basin.
The separate toilet may be located in a second bathroom.
6-10 people The minimum provision is:
• 2 bathrooms containing a bath or shower.
• 2 toilets with wash hand basins, one of which must be in a separate
room.
11-15 people The minimum provision is:
• 3 bathrooms containing a bath or shower.
• 3 toilets with wash hand basins, one of which must be in a separate
room.
Bedrooms with Where a room is provided with a complete en-suite facility (bath/
en-suites shower, toilet and wash hand basin) for the exclusive use of that
occupant, then that occupant will be disregarded when considering
the provision of sanitary facilities.
If there were six occupants, one of whom had exclusive use of a fully
equipped en-suite, the requirement for the remaining occupants
would be for fve people.
If, however, the en-suite only provides one facility (either a bath/
shower or a WC) then the occupant will not be disregarded for the
missing amenity.
8 Landlords’ guide to standards for houses in multiple occupation (HMO)Facilities for storage, preparation and cooking
of food
Shared kitchens, legal requirement
The Licensing and Management of Houses in Multiple Occupation and Other Houses
(Miscellaneous Provisions) (England) Regulations 2006 require:
1. A kitchen, suitably located in relation to the living accommodation, and of such layout and
size and equipped with such facilities so as to adequately enable those sharing the facilities
to store, prepare and cook food.
2. The kitchen must be equipped with the following equipment, which must be ft for the
purpose and supplied in a suffcient quantity for the number of those sharing the facilities:
(i) sinks with draining boards
(ii) an adequate supply of constant cold and hot water to each sink supplied
(iii) installations or equipment for the cooking of food
(iv) electrical sockets
(v) worktops for the preparation of food
(vi) cupboards for the storage of food or kitchen and cooking utensils
(vii) refrigerators with an adequate freezer compartment (or, where the freezer
compartment is not adequate, adequate separate freezers)
(viii) appropriate refuse disposal facilities; and
(ix) appropriate extractor fans, fre blankets and fre doors.
Spelthorne Borough Council guidelines
To achieve compliance with the above requirements for adequate size, layout and equipment,
Spelthorne Borough Council has adopted the following additional requirements:
1. Location
• The kitchen must be contained in the main building and located not more than one floor
distance from the bedrooms. If this is not practicable in HMOs of not more than three storeys
and not more than 10 persons, communal kitchens may be provided up to two floors distant
from some bedrooms.
• All kitchen facilities must be available for use 24 hours a day.
2. Layout
• The kitchen layout must be safe, convenient to allow good hygienic practice, and the cooker
should not be placed under windows.
• Cookers should be located away from doorways and have enough floor space for items to be
safely retrieved from the oven.
• It must be possible to stand directly in front of the cooker and sink and to place utensils down
on both sides of each.
• If two sets of facilities are provided in one kitchen, the layout must allow them to be used
safely at the same time.
Spelthorne Borough Council 9Facilities for storage, preparation and cooking
of food (continued)
Kitchen layout
Examples of approved and poor layout
4 Good practice ✗ Unacceptable
A satisfactory kitchen must be safe, Cookers cannot be safely used if they are
convenient and must allow good hygiene located in corners, do not have adequate
practices. It must be possible to stand worktop on both sides or are too close to
directly in front of the cooker and sink and sinks. Sinks require space to put dirty utensils
to place utensils down on both sides of on one side and clean on the other.
each. Worktops must be secure, level and Cooker may not be located in a corner.
impervious and must be of adequate size. ✗ This arrangement is impractical and
Adjacent walls require splash-backs and unsafe.
power points must be suitably located. 600
This is the minimum provision for a
4
600
kitchen. It incorporates worktop on both
sides of the cooker and working space
both sides of the sink bowl. Note 300mm
The sink bowl must not be located
is a minimum width and should be made
wider where possible.
✗ in a corner.This is an impractical
arrangement and because there is
300 600 1000 no worktop next to the bowl and it is
impossible to separate clean and dirty
utensils, it also creates a hygiene hazard.
Alternative minimum layout. This
4 arrangement provides more workspace
but could be further improved by giving
more room in front of the sink (see
below).
Neither cooker nor sink can be
300 600 600 1200 ✗ practically or safely used with this
arrangement.
600
This is a good kitchen layout. It is
4 well set out and has plenty of usable
The cooker is free-standing and
workspace.
600 1200 600
✗ improperly located in relation to the
sink. Both the cooker and sink also
lack worktops. This arrangement is
variable
impractical and unsafe. Adding worktops
will still not give a practical and safe
kitchen.
600
10 Landlords’ guide to standards for houses in multiple occupation (HMO)Facilities for storage, preparation and cooking of food (continued) Spelthorne Borough Council guidelines 3. Size • For three to fve residents kitchens shall have an area of at least 7m2. • For six to ten residents kitchens shall have an area of at least 10m2. • The width of the kitchen must be at least 1.8m to allow safe movement of occupants. 4. Quantity of equipment • A complete set of kitchen facilities must be provided for every fve persons as detailed below. • No more than two sets of facilities shall be provided in any one kitchen. Minimum provision of kitchen facilities A complete set of kitchen facilities consisting of the following items must be provided for every five persons: Sink: A stainless steel sink, integral drainer and a tiled splash-back, on a base unit. The sink must have constant supplies of hot and cold running water and be properly connected to the drains. The cold water must come directly from the rising water main. It must be possible to stand directly in front of the sink and to place utensils down on both sides of each. Cooker: A gas or electric cooker with four ring burners, oven and grill, that are capable of simultaneous use. The cooker is to be located away from doorways with a minimum of 300mm worktop to both sides and must be possible to stand directly in front of. Electrical sockets: At least three double 13amp electrical power points (in addition to those used for fxed appliances, such as washing machines/dishwashers etc). Worktop: A kitchen worktop that is level, secure and impervious. The minimum dimensions are 1000mm length and 600mm width. Storage: A food storage cupboard for each occupant that is at least one 500mm wide base unit or a 1000mm wide wall unit. This may be provided within each occupant’s room. (The space in the unit beneath the sink and drainer is not allowable for food storage). Fridge/Freezer: A refrigerator with a minimum capacity of 130 litres plus a freezer with a minimum capacity of 60 litres. If not in the kitchen the fridge/freezer must be freely accessible and adjoining the kitchen. Refuse disposal: Adequate provision must be made for the collection storage and disposal of refuse. Ventilation: Mechanical ventilation to the outside air at a minimum extraction rate of 60 litres/ second or 30 litres/second if the fan is sited within 300mm of the centre of the hob. This is in addition to any windows. Fire precautions: Please see fre safety section. Spelthorne Borough Council 11
Facilities for storage, preparation and cooking
of food (continued)
Table 3
Number of residents
Minimum provision of kitchen facilities
irrespective of age
3–5 people One complete set of kitchen facilities
6–7 people Two complete sets of kitchen facilities (these could be within one
kitchen and in this case, worktop dimensions can be a total of
1500mm x 600mm).
However
• a combination microwave is acceptable as a second cooker
• a dishwasher is acceptable as a second sink.
8-10 people Two complete sets of kitchen facilities with a 2000mm × 600mm work
surface.
11-12 people At least two separate kitchens with a total of three complete sets of
kitchen facilities in the HMO, each kitchen with 2500mm x 600mm of
work surface.
However
• a combination microwave will be acceptable as a third cooker
• a dishwasher will be acceptable as a third sink
• Two × 130 litre refrigerators with an additional 20 litres capacity of
refrigerator space per person over 10
• Two × 60 litre freezer space with an additional 10 litres capacity of
freezer space per person over 10.
13-15 people At least two separate kitchens containing three complete sets of
kitchen facilities, each kitchen with 5000mm × 600mm of work surface.
12 Landlords’ guide to standards for houses in multiple occupation (HMO)Kitchens for exclusive use: bedsits A bedsit is where sleeping, living and cooking amenities are provided for exclusive use by occupants within a single unit of accommodation (ie one room). Legal requirements The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 requires rooms without shared amenities to be provided with adequate equipment. Spelthorne Borough Council guidelines To achieve compliance with the above requirements for adequate size, layout and equipment, Spelthorne Borough Council has adopted the following additional requirements. 1. Cooking: A gas or electric cooker with a minimum two-ring hob, oven and grill. 2. Storage: A 130 litre refrigerator with freezer compartment plus at least one food storage cupboard for each occupant in the bedsit (base units shall be 500mm wide and wall units shall be 1000mm wide). The sink base unit cannot be used for food storage. 3. Preparation: Worktop of at least 500mm deep and 1000mm long, comprising a minimum of 300mm both sides of the cooking appliance to enable utensils and pans to be placed down. All worktops must be securely supported, impervious and easy to clean. 4. Electricity:Two double 13 amp power sockets suitably positioned at worktop height for use by portable appliances, in addition to sockets used by fxed kitchen appliances, plus two double sockets located elsewhere within the bedsit. 5. Washing: A stainless steel sink and integral drainer set on a base unit with constant supplies of hot and cold running water. The sink shall be properly connected to the drainage system. The cold water shall be direct from the mains supply. A tiled splash-back shall be provided behind the sink and drainer. 6. Ventilation: Mechanical ventilation to the outside air at a minimum extraction rate of 60 litres/second or 30 litres/second if the fan is sited within 300mm of the centre of the hob. This is in addition to any windows. 7. Layout: The same principles of safe layout and design apply in bedsits as for shared kitchens. Cookers must not be located near doorways to avoid collisions or sited under windows. Notes: 1. Where any gas appliance is provided within a unit of accommodation, a carbon monoxide detector must also be provided. 2. Proprietary micro-style kitchenettes incorporating the above features may be suitable in certain situations, following consultation with a case offcer. Spelthorne Borough Council 13
Fire safety Legal requirement The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 require appropriate fre precaution facilities and equipment to be provided of such type, number and location as considered necessary. The Regulatory Reform (Fire Safety) Order 2005 requires HMOs to have suitable and suffcient fre risk assessments, and this is to be carried out by a competent person. Where the HMO is licensed, the signifcant fndings must be recorded. This means that a written risk assessment is required. The Management Regulations require fre fghting equipment and fre alarms to be maintained in good working order. Spelthorne Borough Council guidelines The fre precaution facilities and equipment that Spelthorne Borough Council considers necessary are in the national guidance: Fire Safety, Guidance on fre safety provisions for certain types of existing housing, published by LACORS, Housing – July 2008 (ISBN 978-1- 84049-638-3) www.cieh.org/library/Knowledge/Housing/National_fire_safety_guidance_08. pdf. This document contains advice for landlords and fre safety enforcement offcers in both local housing authorities and fre and rescue authorities on how to ensure adequate fre safety. The information below is summarised from the Fire Safety Guidance document and provided to help landlords understand their responsibilities and the fre safety precautions judged necessary for HMOs. 1. Fire Risk Assessment A fre risk assessment is required, and must be supplied as part of the HMO licensing process. The written assessment should be carried out within 6 months of an HMO licence being issued by a person competent to make such an assessment. A fre risk assessment is an organised and methodical look at the premises, the activities carried out there and the likelihood that a fre could start and cause harm to those in and around the premises. The aims of a fre risk assessment are: • to identify fre hazards • to reduce the risk of those hazards causing harm to as low as reasonably practicable and • to decide what physical fre precautions and management arrangements are necessary to ensure the safety of people in the premises if a fre does start. Any works identifed as being necessary in such an assessment must be carried out, and the risk assessment must be regularly reviewed. There are a small number of fre risk assessor registration schemes in operation for persons and companies that carry out fre risk assessments. These can provide details of competent risk assessors: • The Institution of Fire Engineers (www.ife.org.uk) • Warrington Fire (www.warringtoncertifcation.com) • The Institute of Fire Safety Managers (www.ifsm.org.uk) • Fire Industry Association (www.fa.uk.com) 14 Landlords’ guide to standards for houses in multiple occupation (HMO)
2. Fire precaution requirements The requirements expected by Spelthorne Borough Council will vary according to the observations and fndings arising from any inspection undertaken and will be based on the advice detailed in the LACORS Fire Safety guide and received from the fre and rescue service. Landlords should also be aware that where premises are occupied in a manner other than that intended under the original construction, compliance with the Building Regulations at the time of that construction will not necessarily negate the requirement for additional fre safety measures. The information given below is an indication of what may be required in an HMO to bring it up to an adequate standard for fre protection. It must be noted that each property is different and the precise requirements can only be determined by an inspection of the property. Protected routes provide a safe means of escape from fre and smoke, and can involve going downstairs or along corridors and passages. All walls, floors and partitions along the route must give good protection and all doors leading onto the route should be fre doors. Fire doors must be able to resist fre and prevent the passage of smoke, usually for thirty minutes to give you time to escape. Fire doors must ft tightly in their frame, have a self-closing device and be ftted with three sets of hinges. These doors are referred to as FD30. Fire doors are very heavy, and newer ones can be identifed by a colour code on the edge of the door near the hinges. Ordinary doors with thin timber panels or cheap modern flush panel doors made from plywood and hardboard or hollow-core doors are not acceptable as they can fail in a fre situation very quickly, even within fve minutes. Fire doors are to be ftted with intumescent strips and often also require smoke seals. These are ftted continuously around either the top and side edges of the door or the frame. They can be combined as one strip or can be separate. It is important that fre doors and their fxtures and fttings are properly maintained and not tampered with once installed to ensure that they will be effective in a fre situation. Fire doors should be installed and maintained in accordance with British Standard (BS) 8214:2016 by a competent person. Intumescent strips expand when exposed to extreme heat. Once a fre breaks out in a room, the heat causes the strip to swell and seal the gap between the door and the frame in order to contain the fre. Smoke seals restrict the passage of smoke into the escape route from the room where the fre is. They are designed to only block smoke and not fre, which is the purpose of the intumescent strip. Fire resisting materials must be on each part of the building on the protected route, that is the walls, floors, ceilings and doors, and must resist fre usually for thirty minutes. If the HMO is adjacent or above a commercial premises then the partition between the commercial premises and the HMO must resist fre for 60 minutes. Bricks, blocks, concrete and plaster are all good fre resisting materials. Building methods consisting of partitions made of hardboard and timber, or single sheets of plasterboard with no top coat or plaster will not provide adequate fre protection. Spelthorne Borough Council 15
Fire alarm systems are vital in HMOs and can save lives and injuries. The alarm system can range from linked smoke protection to a fully commissioned system. Alarms should be placed all along the protected route and have a distinctive sound, with a level of no less than 75dB (A) at all bed-heads when doors are shut. • Grade D fre alarm systems should be tested weekly. All detectors must be cleaned at least annually. Testing and maintenance must be in accordance with the manufacturer’s instructions. Landlords can self-certify this has been completed. • Grade A fre alarm systems should be tested monthly. The system must be inspected and serviced at periods not exceeding six months in accordance with the recommendations of Clause 45 of BS 5839-1:2013. An inspection and servicing certifcate of the type contained in H.6 of BS 5839-1:2013 should be issued by a suitably qualifed and competent person (see table 4 for more information). All testing and servicing of fre alarm systems is to be documented. Emergency lighting systems should be tested regularly, and a full system test and service must be completed annually by a competent person in line with BS5266. Fire blankets can stop a small fre becoming a major disaster and should be located in every kitchen area within the property. They are to be wall mounted in a conspicuous position and easily accessible position. Fire fighting equipment provided at the property must be serviced annually. Distance of travel to get out of the building and be safe from a fre has minimum standards. Environmental Health’s Residential Team will be able to advise on what the minimum distance should be from your accommodation. • the stairway is to be a protected route, completely enclosed in 30 minute fre resisting construction and all doors onto the corridor and stairway are self-closing fre doors • secondary means of escape for properties with four or more storeys in height • an automatic fre detection system • an emergency lighting system (where necessary) • adequate fre blankets Bedroom doors should be ftted with locks that can be opened from the inside without a key, for example, thumb turn locks. In most cases, fre doors are required to be ftted to bedrooms. In some low risk HMOs, they may not be required, if this is the case, doors should be solid, well-constructed, in good condition and close ftting to the frame. As a rule, fre doors should be ftted with smoke seals, however there is an exception to this. If fre doors are ftted to rooms where there is fre detection to the common parts (for example landings and hallways) then smoke seals may not be necessary. A bedroom may be deemed high-risk if it contains cooking facilities, or if there is no common area such as a lounge for occupants to share. 16 Landlords’ guide to standards for houses in multiple occupation (HMO)
3. Non-standard layout / Higher risk homes
If the property is of a non-standard layout or if the occupants present a higher risk due to
factors such as drug/alcohol dependency or limited mobility then the risk may increase
and additional precautions may need to be taken. This must be factored into your Fire Risk
Assessment, if you need one.
An example of a non-typical layout is ‘inner rooms’ where the bedroom is located such that the
occupant passes through risk rooms (living rooms, kitchens or dining rooms) in order to reach
the means of escape. There are various solutions available such as escape windows or water
suppression systems; these should be discussed with a case offcer before undertaking works.
4. Buildings containing self-contained flats
These buildings require additional fre precautions. Please contact the Residential Team before
undertaking works.
Fire precaution requirements checklist
For properties let on a room by room basis as individual tenancies (there will usually be a lock
on each individual letting door) with shared kitchen facilities, the following requirements apply:
Please note that all British Standards referred to in this Guide are subject to change. You must
ensure that the latest relevant British Standard is followed.
Table 4
1 to 2 3 to 4 5+
Item Requirement storey storey storey
property property property
Fire Alarm Grade D interlinked (mains wired or Wi-Fi) fre alarm system to be 4
System BS connected to the mains supply. The system must have a standby
5839: Part 6 power supply in the form of a battery (sealed with a 10 years life
span) or capacitor. The detectors to be installed in escape route at
all levels, in shared lounge and heat detector in shared kitchen(s).
Grade A interlinked fre alarm system, to be connected to the 4 4
mains supply. The system to have a standby power supply in the
form of a battery (sealed with a 10 years life span) or capacitor.
The detectors to be installed in escape routes at all levels, in all
bedrooms, lounge, dining room and any other high risk rooms,
linked to a control panel with manual call points next to fnal exits
and on all landings.
Additional, interlinked smoke alarm(s) in any cellar or integral 4 4 4
garage.
All works to be undertaken in accordance with the current edition
of BS 5839: Part 6 fre detection and fre alarm system for buildings.
Fire Doors Doors to kitchens and shared lounge must be 30 minute fre doors 4 4 4
BS 8214 with intumescent strips, cold smoke seals and self-closing devices
Bedroom doors must be 30 minute fre doors with intumescent 4
strips and self-closing devices.
Bedroom doors must be 30 minute fre doors with intumescent 4 4
strips, cold smoke seals and self-closing devices.
Cellar doors must be 30 minute fre doors with intumescent strips, 4 4 4
cold smoke seals and self-closing devices.
Locks on Final exit doors, bedroom doors and any other doors affording 4 4 4
doors escape from the building must be provided with security locks that
can be opened from the inside without a key, for example thumb
turn locks. Break glass boxes are not acceptable.
Spelthorne Borough Council 17Table 4 (continued)
1 to 2 3 to 4 5+
Item Requirement storey storey storey
property property property
Protected Sound traditional construction that provides fre resistance of 30 4 4 4
Escape Route minutes is required throughout the escape route, to all walls, floors
BS 476: Parts and ceilings.
6 and 7
Under-stairs cupboards must have a ceiling that gives the staircase 4 4 4
30 minutes fre protection.
Cellars must have a ceiling that is 30 minutes fre resistant. 4 4 4
Surface fnishes to meet class 0 (non combustible materials) for 4 4 4
spread of fre (eg brickwork, concrete, plasterboard and plaster
fnishes)
Emergency Emergency escape lighting is only required if the route is long or
Escape complex or if there is no effective borrowed light.
Lighting
Conventional artifcial lighting. 4 4 4
BS 5266
Fire Fighting Fire blanket in all shared kitchens. 4 4 4
Equipment
Installation:
BS EN 3-7
Maintenance:
BS 5306-3
Fire Safety Along the escape route only if the route is long and complex.
Signage
BS 5499
Where the property presents a lower risk from fre, Spelthorne Borough Council, after
consultation with the Fire and Rescue Service, will be prepared to consider alternatives to the
above requirements.
18 Landlords’ guide to standards for houses in multiple occupation (HMO)Management Legal requirement There are Management Regulations that apply to all HMOs. The Management of Houses in Multiple Occupation (England) Regulations 2006 apply to all HMOs except those consisting entirely of self-contained flats. For HMOs consisting of self- contained flats, The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 apply. The Regulations can be accessed in full at www.legislation.gov.uk. Under both sets of Regulations the person in control of or managing the HMO has a number of duties: • Provision and display of the manager’s contact information to the occupiers • Maintenance of common parts, fxtures, fttings and appliances • Maintenance of living accommodation • Safety measures, including fre safety • Supply and maintenance of gas and electricity • Maintenance of water supply and drainage • Provision of waste disposal facilities. Occupiers of HMOs have a duty to ensure that they take reasonable care to avoid damage and disrepair to the property, and do not act in such a way as to obstruct the manager in complying with any Management Regulation. It is an offence to fail to comply with the Regulations. Spelthorne Borough Council can prosecute when landlords or agents do not comply with the Regulations. If found guilty, on conviction, the Court can impose an unlimited fne for every breach. Spelthorne Borough Council 19
Property plans
If you are making an application for your HMO to be licensed, you must include a set of floor
plans with your application, showing the layout and the location of baths, showers, wash hand
basins, WCs, kitchen sinks, cookers and work surfaces. You must also include details of the
fre doors, fre alarms, fre resistant construction, emergency lighting (if installed), fre-fghting
equipment and fre blankets.
You may submit plans you already hold, employ a surveyor or architect or submit a sketch plan
(the sketch plan must be proportionate, preferably to scale, and must detail the room sizes).
Please note that en-suites must not be included in the room size measurements.
If you would prefer to use a computer to produce your plan, there are various software
packages available, including ones specifc for floor plan and building design. If you draw your
own plan make sure all the details below are included, if relevant.
Key
SD = Smoke detector
HD = Heat detector
EL = Emergency lighting
DP = Dry powder extinguisher
FB = Fire blanket
DP
Bedroom 4 FE = Foam extinguisher
HD
WE = Water extinguisher
SD
½HR = ½HR fire door
= ½HR fire resistant constructed wall
FB
½HR ½HR
Shared lounge Bedroom 3
EL
SD
SD
½HR
SD ½HR SD EL ½HR SD
SD
EL EL
½HR
½HR
Bedroom 5
SD SD
Bedroom 1 Bedroom 2
Ground floor First floor Second floor
Front
Room Dimensions Floor area
Shared lounge, ground floor rear right 4 x 4m 16m2
Shared kitchen, ground floor back addition 4 x 2.5m 10m2
Shared bathroom, ground floor back addition 2.5 x 2.5m 6.25m2
Bedroom 1, ground floor front right 4 x 4m 16m2
Bedroom 2, first floor front 4 x 5.5m 22m2
Bedroom 3, first floor rear right 4 x 3m 12m2
Bedroom 4, first floor back addition 4 x 2.5m 10m2
Bedroom 5, second floor 5.5 x 6m 33m2
20 Landlords’ guide to standards for houses in multiple occupation (HMO)Housing Health and Safety Rating System (HHSRS) Legal requirement The HHSRS is the legislation giving minimum standards for all homes, regardless of tenure. It is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any defciencies identifed in dwellings. The HHSRS system applies to all HMOs in addition to the regulations regarding licensing, standards and management. The HHSRS identifes 29 hazards, the most common being: Damp and mould growth Houses should be warm, dry and well-ventilated, and maintained free from rising, penetrating and persistent condensation. There should be adequate provision for the safe removal of moisture-laden air to prevent damp and mould growth. Excess cold Houses should be adequately insulated to prevent excessive heat loss; in particular, roof spaces should be properly insulated and windows and doors draught proofed. The property should have an effcient heating system capable of maintaining temperature. Entry by intruders Houses should be capable of being secured to deter against unauthorised entry. Windows and doors should be robust and ftted with adequate security. Externally, the curtilage of the property should be restricted and be properly gated. Sheds or outbuildings should be maintained in good order and made secure. Lighting All habitable rooms should have an adequate level of natural lighting. Where practicable, all staircases, landings, passages, kitchens, bathrooms and toilets should be provided, with a window. All rooms and circulations areas within the property should have provision for electric lighting. Electrical hazards The electrical installation should be maintained in a safe condition. There is a legal requirement for the electrical installations in HMOs to be inspected every fve years. Electrical installations must be inspected by a competent person. Flames, hot surfaces etc. Heating and cooking appliances should all be maintained in a safe condition and be suitably located so as not to become unreasonably hazardous. Cooking appliances should be set on an even surface and heating appliances securely fxed with a suitable position within the room. Spelthorne Borough Council 21
Falls Externally, paths and walkways should be even, properly drained and steps should be maintained in good condition and be free from disrepair. Internally, floors should be even, have a non-slip fnish and be maintained in a good condition. Stairs should be maintained in good condition, and be free from disrepair. Stair coverings should be properly and securely ftted and should not be worn or loose. A securely fxed handrail should be provided the full length of the stairway. Balconies and basement light wells should have securely fxed guarding. Personal hygiene, sanitation and drainage Bathroom and kitchen surface fnishes should be capable of being readily cleaned. The external parts of the property should be free from disrepair and free from access by pests, such as rats and mice. There should also be suitable provision for the storage of domestic waste inside and adequate receptacles outside the property. Water supply An adequate supply of cold potable drinking water should be available from the kitchen sink. All pipework should be adequately protected from frost damage. Further information Further guidance can be found in Housing Health and Safety Rating System by following this link: www.gov.uk/government/publications/housing-health-and-safety- rating-system- guidance-for-landlords-and-property-related-professionals 22 Landlords’ guide to standards for houses in multiple occupation (HMO)
Planning HMOs with three to six persons HMOs occupied by between three and six unrelated individuals are defned as Use Class C4 by the Town and Country Planning (Use Classes) Order 1987 (as amended). Dwellings occupied by families or fewer than three unrelated people are defned as Use Class C3. The Government has granted planning permission in the form of permitted development rights for changes of use between these two Use Classes. Any property already in Use Class C4 before this date does not need planning permission to continue as an HMO. HMOs with seven or more occupiers HMOs with seven or more occupiers require planning permission and owners and managers should contact the Planning Service to clarify the planning status of the property. Further information Owners and managers are advised to visit our website www.spelthorne.gov.uk or contact the Planning Service for further information. planning.dm@spelthorne.gov.uk 01784 451499 Planning Department, Spelthorne Borough Council, Council Offces, Knowle Green, Staines- upon-Thames, TW18 1XB Building Control Works of alteration and/or improvement, including those requested by the Council such as drainage works to provide additional bathroom facilities, window replacement or alterations to the electrical installation, may require Building Regulation or Building Notice approval. For further information building.control@spelthorne.gov.uk 01784 451499 Building Control, Spelthorne Borough Council, Council Offces, Knowle Green, Staines-upon- Thames, TW18 1XB Spelthorne Borough Council 23
Recycling and waste management
Legal requirement
The Management of Houses in Multiple Occupation (England) Regulations 2006 require
landlords to provide adequate bins for the storage of refuse, having regard to the disposal
services provided by the Local Authority.
Spelthorne Borough Council guidelines
Spelthorne Borough Council will not collect recycling or refuse material unless correctly
presented in a bin meeting Council’s specifcation.
Recycling Rubbish
Number of
Light green Dark green
occupiers Outdoor food recycling
Indoor food caddy recycling rubbish
bin
wheeled bin wheeled bin
3 1 × 7 litre per kitchen 1 × 23 litre per property 1 × 240 litre 1 × 240 litre
4 1 × 7 litre per kitchen 1 × 23 litre per property 1 × 240 litre 1 × 240 litre
5 1 × 7 litre per kitchen 1 × 23 litre per property 1 × 240 litre 1 × 240 litre
6 1 × 7 litre per kitchen 1-2 × 23 litre per property 1 × 240 litre 1 × 240 litre
7+ 1 × 7 litre per kitchen 1-3 × 23 litre per property 1 × 240 litre 1 × 240 litre
The above rubbish and recycling bins are provided free. However, if the property is a new
build, the property developer must purchase the rubbish and recycling wheelie bins. The
indoor and outdoor food caddies will still be provided free.
If additional bins are required, they may be purchased from Spelthorne Borough Council.
Contact Neighbourhood Services on 01784 446411 to discuss your requirements. Alternatively
you can email them on neighbourhoodservices@spelthorne.gov.uk and they will send you out
a form to complete.
24 Landlords’ guide to standards for houses in multiple occupation (HMO)Further information Furniture and furnishings Materials used for flling, covering or forming furniture can present a fre risk, being high flammable and, in some cases, can produce large quantities of toxic gases such as cyanide or carbon monoxide when in a fre. The Furniture and Furnishings (Fire Safety) Regulations 1988 require that furniture and furnishing hired out in the course of a business, such as the letting of furnished accommodation must comply with the British Standard tests for combustion and fre spread. Gas safety The Gas Safe (Installation and Use) Regulations 1998 require that all gas appliances in a rented property must be checked on an annual basis by a gas safe registered engineer. A certifcate following such checks confrming the safety of the appliances must be made available to the tenant. If the property is a licensable HMO, it is a condition of the licence that a copy of these certifcates are sent to Spelthorne Borough Council. Smoke alarms and carbon monoxide alarms The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 brought in the following requirements: Smoke alarms are required to be installed in rented properties on every storey where there is living accommodation. Carbon monoxide alarms are required to be installed in every room where there is a solid fuel heating appliance (eg coal/wood fre; wood burning stove; pellet boiler; biomass boiler). Failure to comply could result in a penalty of up to £5000. Protection from retaliatory eviction The Deregulation Act 2015 introduced protection for tenants from retaliatory eviction. Tenants now have protection from landlords evicting them because they have made a complaint to the Council about their housing conditions. Providing tenants frst put their complaint in writing, and landlords have either not responded, or not given a satisfactory response, tenants can complain to the Council. If the Council then subsequently have to serve an enforcement notice under the Housing Act for defects identifed at the property, the tenant is protected from eviction. Spelthorne Borough Council 25
Energy efficiency The Energy Effciency (Private Rented Property) (England and Wales) Regulations 2015 require that any property rented out in the private rented sector is to have a minimum energy performance rating of E on an Energy Performance Certifcate (EPC). The regulations came into effect for new lets and renewals of tenancies on 1st April 2018, and for all existing tenancies it will apply from 1st April 2020. It is now unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption. Failure to comply could result in a penalty of up to £4000. Electrical safety The Electrical Equipment (Safety) Regulations 1994 require that every electrical appliance supplied by the landlord must be made safe to use and the electrical installation in the house must be completely safe. Portable Appliance Test (PAT) is part of the management requirements of an HMO, landlords must ensure any electrical appliances provided in the property are safe. If you provide electrical appliances as part of the tenancy you must have them regularly inspected by an approved electrician if they are more than 12 months old. Portable appliances include such items as fridges, freezers, kettles, toasters, microwaves ovens, televisions, table lamps, portable heaters and other plug-in appliances. If the portable appliance is less than 12 months old you must keep the receipt to prove the age of the equipment. You must be able to provide a PAT certifcate issued by an approved electrician if requested, it must not be more than 12 months old. More information on PAT testing in general can be found here http://www.hse.gov. uk/electricity/faq-portable-appliance-testing.htm. Information about electrical safety obligations is available from the Electrical Safety Council website at www.esc.org.uk. Right to Rent The Immigration Act 2014 introduced the requirement that anyone who rents out private property in England, including those subletting or taking in lodgers, must make ‘right to rent’ checks to make sure that their tenants/lodgers can legally rent residential property here. This applies to all new tenancies starting on or after 1 February 2016. Information about ‘Right to Rent’ can be found at www.gov.uk, ‘Check your tenants right to rent’. 26 Landlords’ guide to standards for houses in multiple occupation (HMO)
Applying for an HMO licence
You can apply for an HMO licence either by emailing eh.residential@spelthorne.gov.uk or
phoning 01784 446251 to request an HMO Licence Pack.
To make a valid HMO licence application you must have:
1. completed application form
2. current gas safety certifcate (if there is gas)
3. current electrical installation condition report
4. test certifcate for the automatic fre detection system and emergency lighting system
5. written fre risk assessment carried out by a competent person (if you have one. If you
do not currently have one, you will be required to produce one within 6 months of your
licence being issued)
6. floor plan showing the room sizes, the fre protection measures and the kitchen, toilet,
bathroom facilities (see page 18)
7. appropriate fee
8. energy performance certifcate (EPC)
9. a blank copy of a tenancy agreement given to tenants
Once an application is valid, we may arrange an inspection of the house, before preparing a
draft licence called an ‘Intention Notice’.
There is a two week consultation period before the fnal licence or ‘Decision Notice’ is issued.
If you disagree with any conditions on the licence you can make representations against the
conditions. These will be reviewed. We may amend the licence as requested or reject the
representations.
The actual licence is then issued. You have the right of appeal to the First Tier Tribunal
(formerly Residential Property Tribunal) against conditions on the licence. This must be done
within 28 days.
An HMO licence runs for up to fve years from the date of issue.
You must renew your licence before the current licence expires. A valid renewal requires
timely submission of the HMO renewal application form, with signed copies of required
documentation, declaration and fee payment.
Spelthorne Borough Council has a Housing Options Service to advise landlords and tenants.
This service provides information to ensure tenants are not harassed or illegally evicted.
Please contact 01784 446383 or email housingoptions@spelthorne.gov.uk.
For any further information about HMOs please contact:
eh.residential@spelthorne.gov.uk
01784 446251
Environmental Health, Spelthorne Borough Council, Council Offces, Knowle Green, Staines-
upon-Thames, TW18 1XB
www.spelthorne.gov.uk/hmo
Spelthorne Borough Council 27www.spelthorne.gov.uk/hmo eh.residential@spelthorne.gov.uk 01784 451499 Environmental Health, Spelthorne Borough Council, Council Offces, Knowle Green, Staines-upon-Thames, TW18 1XB
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