Houses in Multiple Occupation (HMOs)

What it is for?

Description of legislation

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. Regulation 8 and Schedule 3 (1).

Each bedroom or bedsit within the HMO shall be equipped with an adequate means of space heating.

Locally agreed guidance

The council believes this can be achieved by providing the following:

• heating appliances capable of maintaining an internal temperature of 19°C when the outside temperature is -1°C
• the heating appliance is controllable by the occupier, either directly or by the use of features such as thermostatic radiator valves
• the heating appliances should be permanently fixed (not portable) to reduce the risk of fire. Adverse health effects are known to begin once the internal temperature falls below 19°C.
• each shower room or bathroom requires a suitable fixed heating appliance capable of maintaining the room at a temperature of 19°C when the outside temperature is -1°C, unless deemed unnecessary upon inspection. As a guide, bathrooms with external walls should have heating. The reason for the above is to reduce the likelihood of localised spots of excessively cold conditions in the building. This guideline will also serve to reduce damage caused by condensation.
• when selecting heating arrangements, applicants should factor in any existing insulation arrangements

Description of legislation

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. Regulation 8 and Schedule 3 (2), as amended by the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007.

Where all or some units do not have their own washing and bathing facilities there must be:

• an adequate number of baths/showers, toilets and wash-hand basins suitable for personal washing for the number of persons sharing these facilities
• where reasonably practicable, there must be a wash hand basin with appropriate splashback in each occupier’s living accommodation
• all baths, showers and wash hand basins in an HMO must be equipped with taps providing an adequate supply of cold and constant hot water
• all bathrooms in an HMO must be suitably and adequately heated and ventilated. All bathrooms and toilets in an HMO must be of adequate size and layout.
• all baths, toilets and wash hand basins in an HMO must be fit for the purpose
• all bathrooms and toilets in an HMO must be suitably located in or in relation to the living accommodation in the HMO

Where there is no adequate shared washing facilities provided for a unit of living accommodation an enclosed and adequately laid out and ventilated room with a toilet and bath or fixed shower supplying adequate cold and constant hot water must be provided for the exclusive use of the occupiers of that unit either is:

• within the living accommodation; or
• within reasonable proximity to the living accommodation

Locally agreed guidance

To help ensure occupiers do not experience undue delay in accessing bathroom or toilet amenities, the following guidelines have been adopted for shared facilities.

Number of occupants: 1-4

For 1-4 persons using communal facilities, there must be:

• at least one bathroom containing either a fixed bath or shower
• one toilet

The toilet may be contained within the bathroom. Alternatively, it may be contained in a separate compartment with its own wash hand basin.

Number of occupants: 5

For 5 people using communal facilities, there must be:

• at least one bathroom containing either a fixed bath or shower
• a toilet in a separate in a separate compartment with a wash hand basin (this toilet may be contained within a second bathroom)

Number of occupants: 6-10

For 6-10 people using communal facilities, there must be:

• at least two bathrooms containing either a fixed bath or shower
• two separate toilets in rooms containing wash hand basins (one of the toilets may be contained in one of the bathrooms)

Number of occupants: 11-15

For 11-15 people using communal facilities, there must be:

• at least three bathrooms containing either a fixed bath or shower
• three separate toilets in rooms containing wash hand basins (two of the toilets may be contained within two of the bathrooms)

Further guidance:

• these facilities shall not be more than two floors distant from any user
• a bath must be of minimum dimensions 1700 mm x 760 mm or a shower of minimum dimensions 800 mm x 800 mm
• a two-course tiled splash back is to be provided to baths and wash hand basins. Any shower cubicles provided should have fully tiled walls or be modular cubicles.
• baths, showers and toilets shall not be provided in rooms containing facilities for the storage, preparation and cooking of food
• a suitably located extractor fan or an openable window (opening to the outside) must be present
• each toilet shall have a wash hand basin within the same compartment, to be supplied with constant hot and cold water supplies and a splashback
• bath or shower rooms should provide enough space for the facilities and for safe changing and drying. The flooring around the shower/bath must be both slip- and water-resistant.
• the hot and cold water supply to these fittings should be adequate and available at all times
• the walls and floor of any bathroom or shower room should be reasonably smooth and non-absorbent and capable of being readily cleaned

Additional information

If there are no shared facilities, each letting must be provided with a toilet, washbasin and bath/shower meeting the standards above either in or close to the letting.

In cases where an occupier has exclusive access to their own toilet, wash hand basin and shower/bath, these will not count towards the number of people using communal bathing and toilet amenities.

Wash hand basins

If reasonably practicable, each bedroom or bedsit within the HMO must contain a wash hand basin. The council will assess this based on ease of installation and cost. Sinks for food preparation purposes within bedrooms are not an alternative to a hand basin.

As an alternative to wash hand basins in each room, the council considers the following to be acceptable:

• 1-4 occupiers – the bathroom should contain a wash hand basin
• 5-10 occupiers – at least one bathroom should contain a wash hand basin
• 11-15 occupiers – at least two of the bathrooms should contain a wash hand basin

Description of legislation

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. Regulation 8 and Schedule 3 (3).

Shared kitchens

National Prescribed Standard

Where all or some of the units of accommodation within the HMO do not contain any facilities for the cooking of food:
(a)there must be a kitchen, suitably located in relation to the living accommodation, and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to store, prepare and cook food;
(b)the kitchen must be equipped with the following equipment, which must be fit for the purpose and supplied in a sufficient quantity for the number of those sharing the facilities—
(i)sinks with draining boards;
(ii)an adequate supply of cold and constant hot water to each sink supplied;
(iii)installations or equipment for the cooking of food;
(iv)electrical sockets;
(v)worktops for the preparation of food;
(vi)cupboards for the storage of food or kitchen and cooking utensils;
(vii)refrigerators with an adequate freezer compartment (or, where the freezer compartment is not adequate, adequate separate freezers);
(viii)appropriate refuse disposal facilities; and
(ix)appropriate extractor fans, fire blankets and fire doors.

Locally agreed guidance

This guidance has been adopted to promote the provision of shared kitchens in which occupiers can safely move around and prepare food, and also are reasonably conveniently located within the building: The following must be provided in a shared kitchen:

• A sink on base unit supplied with an integral drainer; constant hot and cold water, trapped drainage and tiled splashback shall be provided for every six persons sharing the kitchen. To avoid cross contamination of food, a wash hand basin shall not be used in place of a sink. The use of supplementary dish washers of adequate size will be considered, but there should be a minimum of at least one sink per shared kitchen.
• An oven and grill (or equivalent) shall be provided for every three people using the facilities. Where 3-6 occupants are using the kitchen, it is acceptable to provide a suitably sized air fryer (5l capacity or more) or combination microwave oven (to include grill/convection cooking option), rather than the second cooker. It is not acceptable to provide a microwave or an air fryer as the only appliance for cooking.
• A hob with four rings must be provided for every six people sharing the kitchen. The hob must be securely fixed and located so it is next to a work surface and so the rings or burners match the height of the adjacent work surfaces.
• Two 13-amp electric sockets, in addition to any serving major appliances set at a convenient height and safe position should be provided for every six persons sharing the kitchen.
• A fixed worktop of impervious material, with minimum dimensions of 50 cm x 200 cm, should be provided for food preparation in every six people sharing the kitchen.
• A food storage cupboard (minimum capacity 0.16 cubic metres) per person.
• Refrigerator capacity of 50 litres per person and freezer capacity of 30 litres per person.

In addition, all kitchens must contain:

• a suitably located extractor fan or an openable window to the outside, to reduce the likelihood of damp
• appropriate refuse disposal facilities
• a fire blanket fixed on the wall, around 1.5m, in a safe and visible location (for example not directly above a hob)
• a suitable fire door between shared kitchens and the means of escape from the building

The kitchen should have a reasonable layout and not normally less than 7 square metres in floor area. Parts of floor area that are deemed unsuitable for reasons of poor layout or safety will be subtracted from the total.

For the convenience of occupiers and to reduce the likelihood of accidents while moving hot food through the building, no occupier’s living accommodation should normally be more than two floors distant from any shared kitchen, unless the living accommodation has its own food preparation amenities.

Kitchens located within self-contained flats or within bedrooms

National Prescribed Standard

Where a unit of living accommodation contains kitchen facilities for the exclusive use of the individual household, and there are no other kitchen facilities available for that household, that unit must be provided with:
(a)adequate appliances and equipment for the cooking of food;
(b)a sink with an adequate supply of cold and constant hot water;
(c)a work top for the preparation of food;
(d)sufficient electrical sockets;
(e)a cupboard for the storage of kitchen utensils and crockery; and
(f)a refrigerator.

Occupiers with suitable kitchen amenities in their own living accommodation do not count towards the requirements for kitchen amenities in any shared kitchen. In such cases, the number of amenities in any shared kitchen may be reduced in line with the guidelines outlined for shared kitchens elsewhere in this document.

The following local guidance has been adopted as achieving a reasonable provision of kitchen amenities within individual bedrooms or bedsits:

• The layout of the kitchen and the living accommodation in which it is located should enable occupiers to safely move about and prepare food and also allow good separation between kitchen and living areas within the room. The overall floor area of the living accommodation should also reach the minimums specified elsewhere in this document. Parts of floor area that are deemed unsuitable for reasons of poor layout or safety will be subtracted from the total, and the use of the room may ultimately be considered unacceptable.

The following minimum kitchen facilities should be provided:

• A sink on base unit supplied with a drainer, constant hot and cold water, trapped drainage and tiled splashback; (a wash hand basin is not acceptable in place of a sink due to the risk of cross contamination

Cooking facilities

• One occupier – a hob with a minimum of two rings or burners;
• Two occupiers – a hob with a minimum of four rings or burners;

The hob must be fixed securely in position and located so it is next to a work surface and so the rings or burners match the height of the adjacent work surfaces;

• An adequately sized oven/grill OR a combination microwave that includes a grill/convection option.
• A fixed worktop of impervious material, minimum dimensions of available worktop space 50 cm x 100 cm available for food preparation.
• Two 13-amp electric sockets, in addition to any serving major appliances, set at a convenient height and safe position.
• A food storage cupboard (minimum capacity 0.16 cubic metres) and a refrigerator (minimum capacity 0.15 cubic metres (150 litres)).
• Refrigerator capacity of 50 litres per person and freezer capacity of 30 litres per person.
• A fire blanket fixed on the wall, around 1.5m, in a safe and visible location (for example not directly above a hob).

The following minimum floor areas apply:

• 4.64 square metres for one person aged under 10 years
• 6.51 square metres for one person aged 10 years or over
• 10.5 square metres for 2 people aged 10 years or over

In line with the requirements of national standards, the council will apply:

• any floor area where the ceiling height is less than 1.5 metres shall be disregarded
• the area taken by fixed fittings such as built-in cupboards within the room shall be included in the floor area
• understair cupboards accessed from within a sleeping room where the ceiling height is at least 1.5 metres shall be included in the floor area

Locally adopted guidance

For rooms with cooking facilities, the following minimum room sizes shall apply:

• 10.5 square metres (if occupied by one person)
• 14.5 square metres (if occupied by 2 people)

Room sizes for bedrooms to be used for more than 2 occupants will be determined on a case by case basis. All occupants, including children, are included for these standards.

Bedrooms must be provided with an openable window providing access to natural lighting and ventilation, to be considered suitable for use as a bedroom.

Ceilings should ideally be a minimum of 2.4m. Note that any area with ceiling height less than 1.5m is not counted when measuring the useable floor space. If there is low headroom, for example, doors or under beams, precautions must be in place to prevent collisions.

Description of legislation

While not forming part of our guidelines, we recommend the following facilities be made available for the use of occupiers:

• Appliances for clothes washing and drying. We believe that clothes drying appliances in particular will help reduce the use of clothes horses and clothes drying on radiators, both of which can result in internal damp. These appliances must not be placed in the fire escape route.
• External cycle storage on site. This will help reduce damage to internal décor from bicycles being wheeled through and help prevent bicycles from being stored in lounges, hallways and other internal communal spaces.
• Noise attenuation measures. This means taking steps to reduce the transmission of noise between separate lettings and between the common parts and lettings.
• Where feasible, access for people with disabilities.
• A communal living room. This will help reduce isolation between occupiers and help promote a sense of community.