Page last updated at 16:36 GMT, Friday, February 19 2010

What is a House in Multiple Occupation (HMO)?

The Housing Act 2004 defines a House in Multiple Occupation (HMO) as a building or part of a building (i.e. flat) which:-

• Is occupied by persons not forming a single household (1);
• Two or more households occupying and sharing one or more basic amenities (2) (or lack of such amenities)
• Is occupied by more than one household and is a converted building not entirely comprising of self-contained flats;
• Comprises entirely of self-contained flats and their conversion does not comply with the Building Regulations 1991 and less than 2/3rds of the flats are owner occupied;
• The HMO is occupied as the only or main residence
• Rents are payable or other consideration is provided in respect of at least one of those occupying the HMO.

Note 1

A single household includes members of the same family either by birth, marriage or other recognised means such as adoption or fostering.

Note 2

Basic amenities include a toilet, personal washing facilities and cooking facilities.

The following types of property will be considered as HMOs:-

• Shared houses, for example, a house shared by a group of friends, students or individuals unknown to each other where there is some sharing of amenities or an amenity is lacking;
• A house divided into individual bedsits, for example, each bedsit may have its own cooking facilities, but the bathroom is shared;
• A flat in multiple occupation, for example, a converted or a purpose built flat which is occupied by friends and they share a kitchen and a bathroom.  The rest of the building may contain flats in single occupation.
• Partial conversions, for example, floor by floor lets, where each floor of a house may be let separately and be provided with cooking and bathroom facilities, but the building has not been fully converted or separated into individual flats, each with its own entrance.  there may or may not be other fully converted flats in the building.
• Fully self-contained flats which do not meet with the 1991 Building Regulations standard.

If you are a landlord or private tenant and you are unsure whether the property you let or rent is an HMO and would like further information please contact Private Sector Housing on 023 8068 8301.