All HMOs are subject to regulations to ensure that they are properly managed and maintained.  These regulations impose duties on the manager of a HMO to ensure adequate facilities are provided and kept in good order and the residents are provided with contact details for the manager.

• The Management of Houses in Multiple Occupation (England) Regulations 2006 No.372
• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 No.373
• The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 No.1903
• The Houses in Multiple Occupation (Certain Blocks of Flats) (Modification to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (England) Regulations 2007 No.1904

All HMOs require sufficient bathroom and kitchen facilities; and bedroom sizes should be of a sufficient size for the number of occupiers; for further guidance, refer to our Amenity Standards.

HMOs require fire precautions which may include mains wired interlinked fire alarm system, emergency lighting and a fully protected means of escape. Any fire safety measures and protected escape routes provided must be maintained, regularly inspected, any defects documented and all faults rectified. Additional information can be found on the Private Landlord Fire Safety pages

If you would like an inspection of your property or are thinking of letting a property as an HMO and would like further information or advice relating to fire safety the Private Sector Housing team can carry out an inspection and advise on any works required.  These works are based on a Housing Health & Safety Rating System inspection, the LACORS - Guidance on Fire Safety Provisions for certain types of existing housing and following a consultation with Buckinghamshire Fire & Rescue Service.

Fire Risk Assessment

The Regulatory Reform (Fire Safety) Order 2005 applies to the common areas of HMOs such as the stairways, corridors and hallways.  The responsible person for the HMO (e.g. landlord or manager) has a duty to ensure a fire risk assessment is carried out by a suitably qualified and competent professional.   The aims of a fire risk assessment is to: 

 Identify fire hazards (sources of ignition, fuel and work process). 

• Identify the location of people at significant risk in case of fire. 
• Evaluate the risks and carry out any improvements needed. 
• Record the findings and actions taken. 
• Keep assessment under review. 

 Further information on your legal duties under the Fire Safety Order and guidance on how to carry out a fire risk assessment is contained in the publicaiton:  “Fire safety Risk Assessment for sleep accommodation”. Fire safety risk assessment: sleeping accommodation - GOV.UK (www.gov.uk) 

The following maintenance and testing frequencies are recommended and should be followed unless a fire risk assessment identifies a higher or lower test frequency is required.  

All fire alarm systems must be maintained in accordance with manufacturers’ instructions and BS5839 Part1, which describes testing and maintenance procedures for Grade A and Grade D fire alarm systems.  

HMOs with Grade A fire alarms systems 

• Routine tests – At least one detector or call point in each zone should be tested weekly. This push-button testing could be done routinely by the manager, cleaning or maintenance staff. 
• Six-monthly maintenance – Grade A alarm systems must be serviced every six months by a suitably qualified and competent professional (i.e. a specialist alarm engineer under a maintenance contract). An Inspection and Servicing Certificate should be issued in accordance with BS 5839-1 and a copy retained.   

You should record these checks and any remedial action taken in a logbook. Any issues must be investigated by a competent professional. 

The Local Authority may request a copy of the Inspection and Servicing Certificate confirming the alarms have been tested and maintained by a competent professional in accordance with BS 5839-1.  

HMOs with Grade D fire alarm systems  

• Routine tests – should be carried out at least every month, best practice would be to test every week. This push-button testing could be done routinely by the manager, cleaning or maintenance staff. 
• Annual maintenance – All detectors must be serviced and maintained in accordance with manufacturers’ instructions. For Grade D systems this usually requires periodic cleaning of all detectors and changing batteries as necessary.  

You should record these checks and any remedial action taken in a logbook. Any issues must be investigated by a competent professional. 

If the HMO is licensed the Local Authority may request a signed HMO Fire Alarm Testing Self-declaration or certificate confirming the alarms have been tested and maintained in accordance with BS5839:6. 

The following maintenance and testing frequencies are recommended and should be followed unless a fire risk assessment identifies a higher or lower test frequency is required. 

All emergency lights must be maintained in accordance with manufacturers’ instructions and BS 5266-8: 2004, which describes daily, monthly and annual tests.  

Visual ‘daily’ checks – Every time you visit the property check power LEDs are on. This check could be done routinely by cleaning or maintenance staff.  

Short ‘monthly’ check –To confirm all lights are working a test must be completed at a safe isolation point. Perform this test during each programmed inspection (e.g. quarterly checks).  

Full annual test – Full test of lights (i.e. 3-hour full run down) following manufacturer’s instructions by a suitably qualified and competent professional. This test should be done when the property is unoccupied, or alternative lighting must be provided until units have re-charged.  

You should record these checks and any remedial action taken in a logbook.  Any issues must be investigated by a competent professional. 

The Local Authority may request a certificate confirming the lights have been tested and maintained by a competent professional in accordance with BS 5266-8: 2004. 

All HMOs that are occupied by five or more people who are not all related, and where there is some sharing of facilities, will require a HMO licence.

Either the landlord (owner) or someone they nominate (such as a manager or agent) can hold the licence, provided that person is in agreement. To grant a licence, we must be satisfied that:

• The proposed licence holder and any manager of the property are ‘fit and proper’ persons. We will consider:
  • Any previous convictions relating to violence, sexual offences, drugs and fraud.
  • Whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues.
  • Whether the person has been found guilty of unlawful discrimination.
  • Whether the person has previously managed HMOs that have breached any approved code of practice.

• The proposed licence holder is the most appropriate person to hold the licence.
• Satisfactory management standards are in place.
• The HMO is reasonably suitable, or can be made suitable, for occupation by the number of tenants allowed under the licence and has at least the minimum prescribed standards of amenities and facilities (including the number, type and quality of shared bathrooms, toilets and cooking facilities). 

The MKCC application form is available online.

Please refer to the HMO Licensing Application Guidance Notes for assistance with completing your application.

Applications to renew an existing HMO licence should be submitted two months before the existing licence expires. 

• The new licence will last for a further five years. 

The licence fee for new applications and renewals is £703 and is charged in two parts:

The Part 1 fee is £467 and is payable at the time of application. This fee covers the reasonable costs incurred by the council is processing the application. Payment can be made online when submitting the application.

The Part 2 fee is £236 and is payable on approval of the application. This fee covers the costs of statutory inspections and enforcement of the scheme.

If you are unable to complete your application online, please contact the private sector housing team who will be able send you a paper copy.

• A detailed floor plan of the property showing room sizes, bathroom, toilet and kitchen facilities, smoke alarms, emergency lighting units and fire doors. This doesn’t need to be to scale and can be hand drawn but a photo of the drawing will need to be uploaded to your application
• A current gas safety certificate (if the property has a gas supply). .
• A valid electrical installation condition report and portable appliance test (PAT) certificate for any electrical equipment you supply as part of the tenancy If you do not have one, you will be asked to supply one within a specified period of time as a condition of the licence.
• A declaration that all upholstered furniture supplied complies with the Furniture and Furnishings (Fire Safety) Regulations 1988. 
• Details of what fire precautions currently exist in the property, including the location of fire doors and smoke alarms.  If your property does not comply with required standards you must install additional fire safety measures within a specified period of time as a condition of the licence.
• A written statement for each occupier of the terms on which they occupy the property, such as a tenancy agreement.
• Fire alarm and emergency lighting (if applicable) commissioning certificates. Or if installation was more than 12 months ago, a testing certificate completed in the last 12 months.
• Copy of Photo ID (e.g. passport or driving licence). 

• Property floor plan: if the property plan from your original licence application is no longer accurate.  
• Renewed safety certificates (gas, electrical, fire alarm, emergency lighting, portable electrical appliances) if any of them are out of date. 
• An updated declaration that all upholstered furniture provided as part of the tenancy is fully compliant with fire safety regulations. 
• An updated “Fit and proper person” declaration: this must be completed and signed by the proposed licence holder and any manager.
• A written statement for each occupier of the terms on which they occupy the property, such as a tenancy agreement (if changed since last application).
• Copy of Photo ID (e.g. passport or driving licence).

The current licence holder must apply for a Variation to an HMO licence if:

• The current owner or manager changes, or if they change their name or address
• You would like to increase the maximum number of occupiers
• There are substantial changes to the property layout , capacity or accommodation
• There is a change in management arrangements

Licences are not transferable. To change a licence holder or managing agent , the licence will need to be revoked and the proposed new licence holder should apply for a licence in their own right

Both the owner and the manager need to agree to the variation. A signed letter is required if the applicant is not acting as both owner and manager

This can be done by completing an application form. There is no fee for reporting a variation to your HMO Licence.

The HMO licence will be valid for up to five years. It will specify the maximum number of people permitted to occupy the HMO and if necessary the number of people permitted to occupy each room within the HMO.

The licence will also  include details of mandatory licensing conditions that must be complied with. If the licence holder does not meet all the conditions of the licence there could be an unlimited fine for each breach and the licence may be revoked.

Failure to licence an HMO or to permit a breach of the licence conditions will incur the following penalties:

• A financial penalty up to £30,000.00
• Prosecution resulting in a criminal record and a fine
• A Rent Repayment Order to recover up to 12 months’ worth of rent paid by housing benefits to the landlord/agent directly or by the tenant.
• Interim Management Orders (IMO)
• The landlord cannot issue a section 21 "Notice Requiring Possession" during the period the property is unlicensed

If the council refuses to issue a licence it may issue an Interim Management Order (IMO) which allows the council to manage the property, including collecting the rent until suitable permanent arrangements can be made.  The IMO may last for a year or if it expires without necessary improvements or arrangements being made, then the council can issue a Final Management Order (FMO).  This removes the property from the control of the owner for a period of five years, or for a time which can be reviewed.

The landlord may appeal a refused application if the council:

• Decides to refuse a licence
• Grants a licence with additional conditions
• Revokes a licence
• Varies a licence, or
• Refuses to vary a licence

You must appeal to HM Courts and Tribunal Service First-tier Tribunal, normally within 28 days.

If the current licence holder sells the HMO, the licence will be revoked. 

• if the property is to continue to be rented as a licensable HMO the new owner must apply for a licence in their own right
• if the property is to change back to a single family dwelling a request can be made to the council to revoke the licence, or the licence can be allowed to run until it expires.  The council should then be notified that it will not be renewed.