A House in Multiple Occupation (or HMO, for short) is a building or part of a building occupied by more than one household. Despite the name, this does not refer exclusively to houses; bedsits, hostels, older buildings and shared flats can all fall under the definition. Buildings that cannot be defined as HMOs include dwellings occupied by a family, purpose-built flats, newer flats (built from 1991 onwards) that comply with building regulations and buildings that contain a majority of flats that are owner-occupied.

HMOs provide a valuable source of cheaper rented accommodation in the Borough, and are often occupied by the vulnerable or disadvantaged. However, the risk of fire is up to 6 times greater compared to family or singly occupied homes. Naturally the risk of injury or death from fire increases greatly with his height of a building.

It is for this reason that the Government introduced mandatory licensing for certain types of HMO through the Housing Act 2004. This enables Local Authorities to ensure that high-risk HMOs are properly regulated.

HMO Licensing

Not all HMOs require a license. However, an HMO will need a licence if:

It is three or more storeys high;

• It has five or more people in more than one household; and
• The occupants share amenities such as bathrooms, toilets or cooking facilities

* A ‘household’ comprises a person or persons of the same family, and other prescribed relationships, but excluding two person house/flat shares. A house or flat let to three or more persons that are unrelated by blood, marriage or other immediate family association, for example, is likely to be an HMO. Shared student properties, sharing professionals and any other unrelated groups may fall into the definition of an HMO.

If any of your properties fit the above criteria, you must apply to Tamworth Borough Council for a license. Application Forms are available to download on the right-hand side of this page; alternatively, please contact the Private Sector Housing Team.

Licenses will only be granted where the Council is satisfied that:

• The property is reasonably suitable for occupation
• The property has adequate management arrangements
• The license holder is a fit and proper person

Tamworth Borough Council may stipulate further conditions to be met, such as improving fire safety measures, or a limit to the number of people who can occupy the property.

How much will a licence cost?

The current cost of a HMO licence in Tamworth is £574.80 for a five bedspace property with an additional £37.79 for each bedspace above five. This is valid for 5 years.

What happens if I do not have a licence?

It is a landlord’s obligation to apply for a license or to improve a property to meet the licensing standards. Where a landlord fails to do this, the Council will take action against them.

It is an offence:

• To have control of or manage an HMO which requires a licence but is not licensed.
• To knowingly permit occupation that exceeds the maximum numbers authorised by the licence. If convicted of these offences, you can be fined up to a maximum of £20,000.

• If a licence holder fails to comply with the conditions of the licence (maximum fine: £5,000).

In addition to these criminal penalties, landlords can face action from tenants who are able to claim back up to 12 months rent paid during the period that the property was unlicensed through the Residential Property Tribunal Unit. The Council can also claim back any housing benefit paid to the landlord in the same way. In addition, landlords operating an unlicensed HMO cannot serve notice requiring possession on their tenants.

As a last resort, Tamworth Borough Council has the power to step in and take over the running of an unlicensed HMO if there is no prospect of it becoming licensed in the near future.

Advice and Assistance

Tamworth Borough Council aims to work with owners of HMOs to assist them to attain licenses where needed, and to ensure that all rented accommodation in the Borough is safe, well managed and well maintained.

While the Council is not looking to license other types of HMO at the present time, the Private Sector Housing Team is available to provide advice and assistance regarding fire safety, building regulations and any other issues relating to HMOs.

Contact Us

If you require unsure whether your property requires licensing, or have any other queries about HMOs or licensing, please contact the Private Sector Housing Team on 01827 709372 or email privatehousing@tamworth.gov.uk