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HMO management regulations

What are the HMO management regulations? 

HMO management rules are there to keep tenants safe, comfortable, and happy in Houses in Multiple Occupation (HMOs). 

These rules make sure tenants have a safe and healthy place to live and that landlords take care of their properties. 

If your property meets the 254 or 257 tests, it is an HMO, and you must follow the HMO Management Rules all the time. If you are not sure if your property is an HMO or which rules apply, you can check on the below link.

Quickly check if your property is an HMO

Mandatory 254 HMO’s – Non licensed and Licensed

The Management of Houses in Multiple Occupation (England) Regulations 2006 apply to an HMO that meets any of the 254 tests under the Housing Act 2004. Remember: these regulations apply to non-licensable and licensable properties.   

The government made the HMO Management Rules in 2006 to fix problems like bad fire safety, overcrowding, and poor facilities in HMOs.  

These rules address bad management to ensure safer and better living conditions for tenants in shared housing, aiming to improve safety and maintenance for everyone in HMOs. 

Brief overview of each regulation 

Manager's duty to give information to tenants 

  • The manager must give their name, address, and phone number to each household and display these details clearly in the HMO. 

Why this is important

 Putting this information in shared areas means tenants can contact you quickly for emergencies and maintenance issues. Emergency services can also reach you fast. This helps build trust and shows you are responsible. 

Manager's duty to keep everyone safe 

  • Make sure all fire exits are clear and easy to use. 
  • Keep fire-fighting equipment and alarms in good working order. 
  • Take steps to protect people from injury, considering the building's design and structure. 

Why this is important

The main reason is to keep your tenants safe and follow the law. It also protects your property from damage and keeps your investment safe. If you don't follow these rules, your building insurance might not cover you, and tenants might leave because they don't trust you. 

Manager's duty to maintain water supply and drainage 

  • Keep the water supply and drainage systems clean and working well. 
  • Protect water pipes from frost and keep water storage containers clean. 

Why this is important

Regular checks help prevent expensive repairs and fix small problems before they become big ones. 

Manager's duty to supply and maintain gas and electricity 

  • Give the latest gas appliance test certificate to the local housing authority if they ask for it. 
  • Have electrical systems checked every five years by a qualified person and give the test certificate to the local housing authority if they ask for it.  
  • Do not unreasonably interrupt the gas or electricity supply used by any tenant in the HMO. 

Why this is important

  • Proper maintenance of gas and electrical systems prevents accidents like gas leaks, fires, and electrical shocks, which can cause serious injury or even death. 
  • Regular checks help avoid expensive emergency repairs and protect your property.  
  • Your building insurance might not cover you if you don't have the right safety measures in place. 

Manager's duty to maintain common areas and items 

  • Keep all shared areas of the HMO clean, safe, and in good repair. 
  • Make sure shared fixtures, fittings, and appliances are in good and safe condition. 
  • Ensure windows, handrails, stair coverings, etc., are well-maintained.  
  • Keep outbuildings, courtyards, gardens, and boundary walls in good condition. 

Why this is important

As the manager, you are responsible for these areas.  

Regular checks keep shared areas and facilities in good shape. Regular inspections help avoid expensive repairs and keep your property in good condition. Tenants usually don't report problems in shared spaces, so small issues can quickly become big ones.  

Manager's duty to maintain living spaces 

  • Make sure each living space and any provided furniture are clean at the start of a tenancy. 
  • Keep the inside structure, fixtures, fittings, and appliances in good repair and working order. 
  • Ensure all windows and ventilation are in good condition. 

Why this is important

Starting with a clean and well-maintained space shows you care about the property. This encourages tenants to take care of it too, which helps reduce maintenance costs. 

When tenants feel comfortable reporting problems, you can fix them before they become big, expensive issues. A good relationship with tenants makes inspections easier and more positive. 

Duty to provide waste disposal facilities 

Why this is important

 Giving tenants enough bins make them responsible for their waste. If you don't provide bins, it can cause waste problems. This can make the property look bad, attract pests, and annoy the neighbours. 

Duties of Tenants in HMOs: 

  • Tenants must not stop the manager from doing their job. 
  • Tenants must let the manager into their living space for inspections and maintenance. 

Why this is important

Tenants must legally allow access for necessary checks and repairs. If they don't, it can cause legal problems for both the tenant and the landlord.  

When renting out a room or flat, landlords should tell tenants about shared spaces and the importance of being part of the community.  

By doing their bit, tenants can help keep the HMO running smoothly and safely for everyone. 

Should you wish to discuss how you can comply with the regulations in more detail, or you have questions about the matter, please feel free to contact the housing team   

257 Additional HMO – Converted block of flats 

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 apply to an HMO that meets the "converted building" 257 test under the Housing Act 2004. Torbay Council doesn't have a licensing scheme for this type of HMO, but you still need to follow the management rules. 

The government made the Management of HMO (Additional Provisions) Rules in 2007. These rules aim to fix safety and management problems in converted blocks of flats that didn't meet building standards. 

Breakdown of each Regulation 

General manager's duties

  • The manager is only responsible for parts of the building they can control. 
  • Keeping things in good condition means doing what is reasonable. 

Why this is important

These rules make sure managers are only held responsible for areas they can control. It's important to know exactly where your responsibilities start and end in the building. 

These rules help make clear what managers need to do, which helps avoid arguments between landlords and tenants. 

Manager's duty to give information to tenants 

  • The manager must give their name, address, and phone number to each household and display these details clearly in the HMO. 

Why this is important

Putting this information in shared areas means tenants can contact you quickly for emergencies and maintenance issues. Emergency services can also reach you fast. This helps build trust and shows you are responsible.

Manager's duty to keep everyone safe 

  • Make sure all fire exits are clear and easy to use. 
  • Keep fire-fighting equipment and alarms in good working order. 
  • Take steps to protect people from injury, considering the building's design and structure. 

Why this is important

The main reason is to keep your tenants safe and follow the law. It also protects your property from damage and keeps your investment safe. If you don't follow these rules, your building insurance might not cover you, and tenants might leave because they don't trust you. 

Duty of manager to maintain water supply and drainage

Why this is important

Regular maintenance checks will help prevent costly repairs occurring from damage and help identify and fix small issues before they become major problems.  

Duty of manager to supply and maintain gas and electricity

Why this is important

  • It's important to take care of gas and electrical systems to stop accidents like gas leaks, fires, and electric shocks. These can hurt people badly or even cause death. Regular checks help avoid expensive emergency repairs and keep your property safe. 
  • Your building insurance might not work if you don't have the right safety measures. 

Duty of manager to maintain common parts, fixtures, fittings, and appliances

  • Keep all common parts of the HMO in good and clean decorative repair, safe, and free from obstruction. 
  • Ensure fixtures, fittings, and appliances used in common are maintained in good and safe repair. 
  • Ensure all windows, handrails, stair covering etc. are maintained in good condition. 
  • Ensure all outbuildings, courtyards, forecourts, gardens, boundary walls etc. are maintained in good condition.  
  • Common parts have adequate light fittings that are always available for the occupiers of the building. 

Why this is important

Regular maintenance checks are important to keep shared areas in good condition. Tenants usually don't take care of these areas, so small problems might not get reported and can turn into big, expensive issues.  

 As the manager, you can go into shared areas and are responsible for fixing problems there. It's best to do regular inspections to avoid costly repairs that could have been fixed earlier and cheaper.  

Keeping your property in good shape helps maintain its value and makes sure your insurance is valid. 

Duty of manager to maintain living accommodation

Why this is important

The manager of the flat is the person in charge of that area. If you are the freeholder and don't own a flat, the flat manager must follow the rules. Sometimes, both the freeholder and the flat manager are responsible, like if a roof leak damages a flat. It's important to stay in touch with everyone involved in the building to fix problems quickly and easily. 

Duty to provide waste disposal facilities

Provide adequate bins or other suitable receptacles for refuse and litter, and make arrangements for their disposal. 

Why this is important

Giving the property enough bins helps make sure tenants take care of their rubbish. If you don't provide bins or tell the tenant where to put it, the property might attract pests, look messy and annoy the neighbours. 

Duties of occupiers of HMOs

Why this is important

Tenants must let people in for important inspections and repairs. If they don't, there can be legal problems for both the tenant and the landlord. By doing their part, tenants help keep the building safe and running well, which is good for everyone. 

Should you wish to discuss how you can comply with the regulations in more detail, or you have questions about the matter, please feel free to contact us.

Investigations by Housing Standards 

If we get complaints or think the landlord or manager isn't following the HMO rules, we have to investigate. This can include: 

  • Surprise visits to check you are following the rules. 
  • Asking for information like tenancy agreements and building safety details. 
  • Asking for documents like certificates. 
  • Inviting you for meetings or interviews. 
  • Planning visits with the landlord or manager to check the whole building and do safety checks. 

We want landlords and managers to take care of their properties without our involvement. We're here to help with information and advice, but if we find problems, we might have to take formal action. 

Investigation resulting in formal action 

If a landlord or manager fails to comply with either of the HMO management regulations the Councils only enforcement action is to prosecute.  

If a prosecution is taken forward, this can result in criminal convictions and unlimited fines. The Council can also consider a Civil Penalty as an alternative to prosecution in court, which can result in a fine of up to £30,000 for each offence.  

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