Private Sector Housing Enforcement Policy 2024
16.0 Houses in Multiple Occupation (HMO)
16.1 A HMO is defined within The Housing Act as properties that are occupied by three or more people across two or more households that share basic amenities. Where the requirements are met some HMO are subject to mandatory HMO Licencing.
16.2 HMO present a greater risk to occupiers than single family homes and the conditions, facilities, amenities and management are regulated.
16.3 In all cases, and at all times, the Council expects full voluntary compliance with all regulatory provisions applying to HMO and their management.
16.4 In addition to the enforcement options described within this document the Council has the further powers detailed below to ensure that adequate standards are met and maintained in HMO:
- The Management of Houses in Multiple Occupation (England) Regulations 2006
- Interim Management Orders
- Final Management Orders
16.5 The Management of Houses in Multiple Occupation (England) Regulations 2006 (The Management Regulations)
16.5.1 All HMO, whether licensable or not, are subject to these Management Regulations. These regulations are the minimum management standards that must be adhered to at all times.
16.5.2 The regulations cover the management and repair of the HMO. There are no notice provisions with these regulations and therefore a breach of a Management Regulation is a strict liability offence and each individual breach of a Management Regulation is a separate and specific offence. Where breaches are identified the officer must go straight to considering imposing a Civil Penalty or prosecution.
16.5.3 The Council will treat each proven breach of a Management Regulation as it would any other offence covered by this Policy.
16.6 HMO Licensing
16.6.1 A HMO meets the requirements of Mandatory HMO Licensing where the property is occupied by five or more persons across two or more households sharing basic amenities.
16.6.2 It is a criminal offence for a person to control or operate a HMO without the required Licence.
16.6.3 HMO Licensing allows for the assessment of the fitness of a person to be the Licence holder and manager. Should a person not be deemed a fit and proper person to be the Licence Holder and/or Manager the HMO Licence will not be issued. Where a Licence Holder and/or Manager of an existing Licence become unfit or improper their Licence will be revoked.
16.6.4 There are currently no declared Additional or Selective Licencing schemes in Wiltshire.