To get your licence, you must pay a fee and show that you, the landlord, are ‘a fit and proper person’ to hold the licence. Your property will also need to meet specific standards. Read more about HMO Licensing Standards in Brighton and Hove.
Rooms in HMOs must be at least:
Room size and the number of bathrooms, WCs and kitchen areas will limit your maximum occupancy. Check the Brighton & Hove City Council HMOs Standards for full information.
An HMO licence lasts up to 5 years; you must renew it before it expires.
The Management of Houses in Multiple Occupation (England) Regulations 2006 impose specific rules for HMO landlords, including:
Landlords have legal responsibilities to ensure the property’s gas supply and appliances are safe. To meet your duties, instruct a Gas Safe-registered engineer to fit, repair and carry out annual checks on any gas pipework, cookers, boilers, fires and water heaters. HMO regulations require landlords to issue the gas safety certificate to the local authority on request and as part of a licence application. Find out the full details on the gov.uk website and find our guide to the landlord gas safety certificate here.
HMOs are thought to have a higher fire risk than other rentals because unrelated people from different households live there. All let properties have to comply with landlord fire safety standards, but HMO fire regulations are stricter. All landlords have to:
Learn about additional HMO Licensing Standards in Brighton and Hove on the council website.
Landlords must keep the property fit for habitation throughout the tenancy. Otherwise, your tenant can take court action. For example, if there is a rodent infestation or damp problem.
One of your HMC landlord responsibilities is arranging repairs to the HMO’s structure and exterior including:
You must ensure all electrical wiring and plug sockets are safe. Organise an inspection by a qualified electrician every five years and regular basic safety checks. Your electrician must produce an Electrical Installation Condition Report (EICR) for each new tenant. Read more in the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
HMOs can attract a higher risk of legionella (bacteria which causes legionnaire’s disease). Make checks for legionella annually and between tenancies, taking action if necessary. Read the full regulations on the Health and Safety Executive website.
Under the General Data Protection Regulations, HMO landlords must handle tenants’ personal information in an appropriate and lawful manner. Read more on the gov.uk website.
Under the Tenant Fees Act 2019, letting agents and landlords cannot charge fees for things like reference checks, inventories or end of tenancy cleaning. Tenancy deposits are capped at five weeks’ rent, if the annual rent is less than £50,000.
Your tenants may complain to the council if they think you are not meeting your responsibilities. The council can assess your HMO for hazards and take action, which could lead to prosecution or losing your HMO licence. If it comes to it, the council can take over the property.
Thinking about renting out a property in the Brighton and Hove area? Contact us about HMO regulations, legal aspects and services we can provide.
Do you have any questions about the topic above? Our team of experts is here to help in answering any query you may have.
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