Certain larger types of house in multiple occupation must be licensed with us.
This is because they present particular types of risk which smaller properties do not e.g. escaping from a fire.
We work with landlords to achieve the standard to protect occupants. Enforcement powers can be used to achieve minimum standards.
Licensable criteria
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Three or more storeys - including attics and basements if they are habitable or inegral.
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5 or more occupants.
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Occupants form 2 or more households.
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Sharing of some facilities / amenities.
Information that we willl need:
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Details of the prospective licence holder and manager if applicable.
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Ownership information.
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Property details including a layout.
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Maintenance documents - gas safety certificate and fire alarm certification where applicable.
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Details from the licence holder and the manager to determine if they are a “fit and proper person” to manage the house - includes whether there has been any previous convictions relating to violence, sexual offence, drugs or fraud, or whether he / she has broken any laws relating to housing or landlord and tenant issues - if the licence holder is deemed not to be a “fit and proper person” then an alternative suitable person / agent must be put forward.
Once the application is made, an inspection of the property may need to be carried out. During this inspection the Officer will carry out a full housing health and safety rating system inspection and will assess the property against existing legislation. The application and inspection information are then sent to our Planning and Building Control departments and the Royal Berkshire Fire and Rescue Service for consultation:
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Planning will feedback as to whether planning permission is required (for a change of use from domestic dwelling to house of multiple occupation).
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Building Control will feedback as to whether building regulations approval is required for occupation as a house of multiple occupation.
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Royal Berkshire Fire and Rescue will feedback as to what preventative fire measures are required in the property, as they are jointly able to take enforcement action regarding shared/communal areas.
The onus is on the applicant to contact Planning and Building Control to establish whether an application needs to be made. It is advisable to do this before completing the licensing process, in case there are issues with getting approval.
The next stage of the licensing process is that draft conditions are drawn up that address issues such as:
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Maximum number of occupants of dwelling.
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Provision of gas safety certificate to the tenant.
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Fixed electrical wiring safety declaration.
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Electrical appliances safety declaration.
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Smoke alarm declaration.
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Written terms of tenancy to go to occupants.
The conditions referred to above are all mandatory and will be applied to every licence. There are also conditions that will be applied that are only enforceable while the property remains a licensable house in multiple occupation. Examples of this are the number and location of facilities available to tenants, such as kitchens and bathrooms. Conditions relating to fire prevention/control are also applied, and these refer to issues such as emergency lighting, alarm systems, fire doors and protected escape routes.
These draft conditions are sent to the applicant for consultation and a licence issued after 14 days if no representations are made. The licence lasts for 5 years and after that time the licence holder would need to apply for another licence. During the 5 years the licence holder may apply to the Council to vary the licence, for example if they employ a new manager or wish to increase the maximum number of tenants in the dwelling.
Certain properties are exempt from requiring a licence. These include:
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Buildings comprising of self-contained flats.
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Properties controlled or managed by public sector bodies, e.g. housing associations, police, fire service, national health service.
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Properties regulated by another Act.
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Student accommodation managed or controlled by an educational establishment that has signed up to an Approved Code of Practice from Universities UK or Accreditation Network UK .
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Buildings occupied by religious communities.
In certain circumstances, some licensable properties may be temporarily exempt, for example if the number of occupants reduces or if there are plans to convert the house back in to a single dwelling. Under these circumstances, an application form will need to be obtained from the Environmental Health Team to apply for a Temporary Exemption Notice (TEN). This will last up to 3 months. It is possible to grant a second TEN under exceptional circumstances.
For enquiries about licensing HMO’s contact 0118 9746000 or email environmental.health@wokingham.gov.uk.
