The HMO Management Regulations and What They Are – A Guide for Landlords
All landlords who own, or who are planning to own, an HMO or house in multiple occupation are affected by the HMO Management Regulations. Here’s what these regulations are and what you need to know about them.
What exactly are the HMO Management Regulations?
The HMO Management Regulations set down the legal duties of someone who acts as the manager of a house in multiple occupation or HMO.
These regulations are part of the Housing Act 2004. The Housing Act 2004 introduced, amongst other things, mandatory licensing of many HMOs. The regulations are what are known as statutory instruments – a type of legislation which brings the provisions of an Act into force.
Known as the HMO Management Regulations for short there are two versions of this legislation in effect in England, for which the full titles are: The Management of Houses in Multiple Occupation (England) Regulations 2006 and The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007.
Wales has similar HMO Management Regulations. There are different regulatory regimes for HMOs in Scotland and Northern Ireland.
What do the HMO Management Regulations apply to?
The HMO Management Regulations apply to every property which meets the definition of an HMO. This includes so-called large HMOs which are subject to mandatory HMO licensing and smaller HMOs which may or may not require an additional licence, depending on the local authority area.
HMO Management Regulations 2006 and 2007 – the differences
The key difference between the 2006 and 2007 regulations is that the 2006 version applied to all HMOs but not to HMOs in converted blocks of flats – where those flats did not comply with the appropriate building standards.
Additional provisions were introduced in 2007 so that the regulations also now apply to HMOs in converted blocks of flats, with some minor differences. (These types of properties are known as Section 257 HMOs.)
What are the duties of an HMO manager under the HMO Regulations?
Here we will explain the duties of an HMO manager under the HMO Regulations in simple, straightforward terms.
For precise, legal definitions please refer to the actual legislation here:
The Management of Houses in Multiple Occupation (England) Regulations 2006
Duty of manager to provide information to occupier
This is a fairly simple provision. Under this regulation the manager must provide their name, address and any telephone contact number to every resident of the HMO. They must also display this information prominently in the property.
Duty of manager to take safety measures
This regulation covers two main areas – fire safety and also protecting the occupants from injury.
The manager must ensure that fire escapes are kept in good working order, free from obstruction and are properly signed. Fire alarms and fire fighting equipment must be in good working order.
The manager must take reasonable measures to protect the occupiers from injury. This regulations makes particular reference to the safety of roofs, balconies and certain windows.
Duty of manager to maintain water supply and drainage
This regulation requires the manager to ensure that the water supply and drainage systems are maintained in good working order at all times. They extend not only to pipes and taps and associated fittings but to baths and WCs as well.
Duty of manager to supply and maintain gas and electricity
This regulation is mainly about safety certificates, although it also requires the manager to ensure that gas and electricity supplies are not interrupted.
The manager must supply the current gas appliance test certificate and the current fixed electrical installation inspection and test certificate to the local authority within 7 days of it being requested.
Managers aren’t responsible for maintaining utilities insofar as the utility supplier has a legal responsibility for them.
Duty of manager to maintain common parts, fixtures, fittings and appliances
This is a very wide ranging duty, which sets down some very detailed responsibilities.
The manager must ensure that all internal common parts of the HMO, fixtures and fittings are kept in good and clean decorative repair, and in a safe and working condition. They must ensure that common areas are not obstructed. This regulation particularly applies to handrails and bannisters, stair coverings, windows, light fittings, and fixtures and fittings provided by the landlord in communal areas.
This regulation states that external communal areas such as gardens and yards (including fences) are kept in good, clean condition.
Duty of manager to maintain living accommodation
This regulation covers the condition of individual letting rooms and the fixtures and fittings provided in them. They must be well maintained and clean.
The manager has no responsibility for a tenant’s own items, nor for any misuse by the tenant.
Duty to provide waste disposal facilities
Under this regulation managers must ensure sufficient rubbish bins are provided and that rubbish is properly disposed of.
Overall, it is important to point out that the standard of maintenance or repair that is reasonable in the circumstances may take account of the age, character and prospective lifespan of the property together with the locality in which it is situated. This suggests that the standards expected in a newer property may be higher than in an older one.
Duties of the occupiers of HMOs
It is worth mentioning that the regulations also place some duties on occupiers of HMOs.
Occupiers must not obstruct the manager in the performance of their duties. They must allow the manager to enter the property at any reasonable time. They must provide the manager with any reasonable information they require. They must take reasonable care not to damage anything which the manager is responsible for. They must dispose of litter correctly. They must comply with the instructions of the manager as regards fire safety.
Enforcement of the HMO Management Regulations
It is an offence for an HMO manager not to comply with the HMO Management Regulations.
Local authorities are responsible for enforcement of the regulations. They can act as part of their own HMO inspection regime, perhaps in connection with an HMO licence application, or following a complaint from a tenant. They may inspect an HMO to check if it is complying with these regulations, and also using the Housing Health and Safety Rating System (HHSRS).
Local authorities discovering a breach of the regulations may give advice, may issue an improvement notice, hazard awareness notice or potentially a prohibition order. The HMO licence can also be revoked.
Managers may also be prosecuted and fined under the provisions of the Housing Act 2004, punishable on conviction with a fine not exceeding level 5 on the standard scale.
Local authorities may also offer a civil penalty of up to £30,000 as an alternative to prosecution.
Following a criminal conviction local authorities can also apply to the First-tier Tribunal for a banning order against the landlord.
Local authorities will generally also have other standards they impose on HMOs. They can also attach specific conditions to an HMO licence. So enforcement action may extend much further than for the breach of these regulations.
Some final thoughts
It is important to point out that compliance with the HMO Management Regulations is the ultimate legal responsibility of the HMO manager. For a licensed HMO this person will be identified in the property’s HMO licence. The manager may or may not be the same person as the owner of the property, landlord, the actual licence holder or person having control.
Everyone who is connected with the ownership or running of an HMO should be aware who the nominated manager is. They should also be confident that this person is aware of their legal duties, and that they are sufficiently knowledgeable and skilled to comply with them.
HMO managers should be proactive in complying with the regulations. They should not wait for either a tenant complaint or a local authority inspection to reveal that they are in breach of their duties.
Lastly it is probably fair to say that the duties imposed on a house manager by these regulations are not excessively onerous in practice. All good HMO operators will likely be willing to provide their tenants with a standard of management that meets the regulations as a minimum. However, as with much else in the property regulatory regime, willingness to operate to high standards is not necessarily enough. HMO managers must be able to demonstrate they are complying with the HMO Management Regulations too.
HMO managers and others should not hesitate to take expert advice if they are unclear about their responsibilities under this legislation.
