HMO licence conditions
A licence must include the conditions which are set out by the Housing Act 2004. In addition, we may include discretionary conditions for the purpose of improving the management, and occupation of the house.
The following mandatory conditions will be applied to all licences:
- Provide copies of gas safety certificates annually
- Ensure electrical appliances and furniture are in a safe condition
- Ensure the smoke detection system is in working order
- Provide tenants with a written tenancy agreement
The following discretionary conditions will be applied to all licences:
Licence Conditions section 67(1) and (3):
- The licensed premises will comply with all statutory requirements including Management Regulations
- Anti-social behaviour within the premises will be dealt with under the terms of the tenancy
- Anti-social behaviour outside the building is notified to the Council and the Police by the licence holder or manager who will work with them to eliminate it
- Maintenance reports must be supplied to the Council annually with regards to emergency lighting, fire detection and alarm systems
The following documents must be clearly displayed within the common parts:
- Copy of the licence
- Copy of the current Gas Safety Certificate
- Name, address, telephone number and emergency contact of the Licence Holder or Manager of the property
- The Licence Holder or Manager will provide, to any authorised officer of the Council, access into the licensed premises as and when required to do so
- To undertake all works contained in any Schedule of Works issued by us within six months, unless otherwise stated, not withstanding any rights of appeal
- The licence holder must inform the Council of any changes in circumstances relating to ownership, usage, layout or increase in the number of occupants which will result in exceeding the number of permitted occupants for the licensed premises
Gas Supply and Appliances: To provide the Council annually a gas safety certificate obtained in respect of the property within the last 12 months carried out on the gas supply and all gas appliances by a Gas Safe Registered gas engineer. To ensure that all recommendations outlined in the landlord Gas Safety Record are complied with
Electrical Installations: To ensure that the fixed electrical installation of the premises is inspected and tested at intervals not exceeding 5 years by a person qualified to undertake such inspection and testing and must provide to the Council, on demand, a current periodic electrical inspection certificate for the premises in accordance with British Standard 7671. All recommendations for urgent attention and improvement (codes 1 and 2) should be carried out within a reasonable period of time and in any case not less than three months.
Electrical Appliances: To keep all electrical appliances provided within the property by the licence holder (or on his/her behalf) in a safe condition. To provide to the local housing authority, on demand, a declaration as to the safety of such electrical appliances.
Furniture: Keep all furniture provided within the property by the licence holder (or on his/her behalf) in a safe condition. To this extent all such furnishings should comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. To provide to the local housing authority, on demand, a declaration as to the safety of such furniture.
Provision of standard amenities: The premises must be provided with sufficient and adequate standard amenities for use by the maximum number of occupants (as specified in the licence) according to the type of accommodation offered. All standard amenities and equipment provided for use by the occupiers of the premises are maintained in good repair and proper working order.
Provision and maintenance of heating: Each unit of accommodation within the premises plus all bathrooms, whether shared or for exclusive use are adequately heated and capable of maintaining an indoor temperature of at least 18 degrees Celsius in habitable rooms when the outdoor temperature is -1 degree Celsius. Heating should be controllable by the tenants and safely and properly installed and maintained. Where the system is centrally controlled, the tenants should be provided with thermostatic controls within their individual unit. Where this condition is not met at the time of issuing the licence, this condition must be met within 3 months of the licence issue date.
Fire Precautions: To adopt the Homestamp ‘A Guide to Fire Protection in Multi-Occupied Residential Properties’ (website) standard within the property. To ensure that smoke alarms are installed in the house and kept in proper working order. To provide the local authority, on demand, a declaration as to the position and condition of the smoke alarms. This information may be provided either in written form or in detailed plan (not to scale).
Information to tenants
- To supply to the occupiers of the house a written statement of the terms of their tenancy/occupancy agreement
- To have a written complaints procedure – available on request
- To supply the tenant with receipt on payment of rent
Deposits: If a deposit is taken, to register deposits with either scheme outlined by the Government under the Act, informing the tenant of which scheme is being used.