HMO licensing conditions

From 1 October 2018, HMO licenses issued in England under Part 2 of the Housing Act 2004, will have to include conditions to ensure that:

• the floor area of any room in a HMO used as sleeping accommodation by 1 person aged over 10 years is not less than 6.51m²
• the floor area of any room in a HMO used as sleeping accommodation by 2 persons aged over 10 years is not less than 10.22m²
• the floor area of any room in a HMO used as sleeping accommodation by 1 person aged under 10 years is not less than 4.64m²
• any room in a HMO with a floor area of less than 4.64m² is not used as sleeping accommodation

Floor area with a ceiling height of less than 1.5m cannot be counted in any total floor area calculation. A room is used as sleeping accommodation if it is normally used as a bedroom, whether or not it is also used for other purposes.

Where a breach is found to exist regarding room sizes, local authorities will be able to grant a period not exceeding 18 months to rectify the situation.

Additionally, a further condition will be included ensuring that landlords of licensed HMOs comply with any relevant local authority waste scheme relating to the storage and disposal of household waste at the HMO pending collection. 

As such the licence holder must ensure that there are suitable refuse storage facilities and sufficiently sized receptacles provided when the licence comes into force and at the start of every new tenancy, thereafter. Ensure that clear verbal and written instruction/information is provided to each resident of the property concerning the storage and disposal of waste. This information must include specific detail about what refuse is deposited into what bin, the collection days, how and when to present the waste receptacle for collection by the Waste Authority and when to take the receptacle back into the curtilage of the dwelling. Information concerning the disposal of bulky items of waste such as furniture and white goods must also be provided to the residents of the dwelling. A record of this information must be produced upon demand to the Authority.