Houses in Multiple Occupation Registration Scheme

A guide for tenants

Introduction to licensing

The aim of licensing is to tackle poor management of houses in multiple occupation.

Alongside the new Housing Health and Safety Rating System (a new system of assessing housing conditions) licensing should identify properties in poor physical condition lacking basic amenities.

The Housing Act 2004 introduced licensing for houses in multiple occupation providing a detailed definition of houses in multiple occupation and set out standards of management for this type of property.

Under the new laws, there are 2 types of houses in multiple occupation licensing:

Mandatory licensing; and
Additional licensing

Licensing is mandatory for all houses in multiple occupation which have 3 or more storeys and are occupied by 5 or more persons forming 2 or more households.

Additional licensing is when a council can impose a licence on types of houses in multiple occupation for which licensing is not mandatory. The Council may do this if it considers that a significant proportion of these houses in multiple occupation are being poorly managed.

What is a house in multiple occupation?

In most cases a house in multiple occupation is a house or a flat in which 2 or more households live as their main or only residence and where some of these households share basic facilities, such as a kitchen, toilet or bathroom.

What is meant by 'household'?

A 'household' could be a single person, or members of the same family living together. This includes people who are married or living together as married (including those in a same-sex relationship). It also includes close relatives and foster children living with foster parents.

If there are 3 or more people living in a flat or building and they are not all in the same household, for example, a shared student house, the building or flat may be classified as an house in multiple occupation.

What is meant by 'main or only residence'?

A house in multiple occupation is regarded as a person's main or only residence when the house is their only accommodation or the place where they mainly live; or they are living in a house in multiple occupation as a full time student in higher education

The house in multiple occupation is occupied as a refuge for persons escaping domestic violence the house in multiple occupation is occupied by migrant or seasonal workers
The house in multiple occupation is occupied by asylum seekers in accommodation partly or wholly funded by the National Asylum Support Scheme

How can I check if where I live needs to be licensed?

Barking and Dagenham will have a public register of all licensed houses in multiple occupation within its area which you can view free of charge. In some cases we may have given the house in multiple occupation temporary exemption from licensing.

We also keep a register of those properties which have been granted exemption from licensing, which is also available for public inspection.

If the property you live in is not on either of the public registers and you are not sure whether it ought to be licensed then contact the Private sector Housing Team who will be able to advise.

I live in a property with a resident landlord. Does it require a licence?

This depends on who else lives in the property. Properties are houses in multiple occupation if a resident landlord lives with 3 or more other people who are not members of his or her household.

The property must be licensed if, in addition to the resident landlord (and his or her household), there are 4 or more persons living in a property which is on 3 or more storeys.

If you are unsure whether the house you live in needs a licence, please contact us.

Can my landlord evict me to avoid licensing the house in multiple occupation?

No. Landlords are not allowed to evict existing tenants in order to avoid licensing. If you have an assured shorthold tenancy agreement, the landlord cannot give you notice that he or she intends to evict you unless he or she has applied for, or been granted, an house in multiple occupation licence, or has received temporary exemption from licensing.

Your council may take over the management of the house in multiple occupation if it has clear evidence that your landlord is threatening to evict you to avoid licensing.

In any case, if you are threatened with eviction (without a court order) you should contact us as your landlord may be committing a criminal offence.

What will the council take into account when deciding whether or not to grant a licence for an house in multiple occupation?

We must look at the following factors:

The suitability of the house in multiple occupation for the number of occupiers
The suitability of the facilities within the house in multiple occupation, such as toilets, bathrooms and cooking facilities
Fire precautions within the house in multiple occupation, such as smoke alarms, heat detectors in the kitchen, fire check doors, fitted with smoke seals, overheard closers, fire exit signs, fire extinguishers and/or fire blankets
The suitability of the landlord and/or the Managing Agent to manage the house in multiple occupation (this is called the 'fit and proper' test); and
The general suitability of managing arrangements

Can the council impose conditions in a licence?

Yes. The council must set certain conditions to ensure the safety of furniture, and gas and electricity installations, in the house in multiple occupation. It must also require landlords to give tenants written information regarding the terms and conditions of their occupancy.

We may also set conditions relating to the facilities in the house in multiple occupation, its condition and the management of the property, including how the landlord deals with the behaviour of occupiers.

What happens to the occupiers living in the property at the time the licence is granted?

We must ensure that a licensed house in multiple occupation is not overcrowded and has suitable shared amenities and facilities for the number of persons occupying it.

If there are too many people living in the house in multiple occupation at the time the licence is granted, the landlord must take reasonable steps to reduce the number of occupiers to the permitted number. Existing tenants will not normally be evicted.

Instead, when they move out, it will be an offence for the landlord to allow new tenants to move in if that would bring the total number of occupiers above the maximum number allowed.

What happens if my landlord does not apply for a licence?

It is a criminal offence to manage or control a property which should be licensed but is not. If convicted, the landlord or manager could be fined up to £20,000.

In addition landlords may have to pay back to the council any housing benefit they have received during the period of the offence, up to a maximum 12 months.

Your tenancy will not be affected if your landlord has failed to apply for, or obtain a licence, although the council may take over the management of the property. If this happens the local council will contact you to discuss the arrangements in more detail.

Can I withhold my rent if my landlord has not applied for a licence?

No, you cannot withhold rent. In certain cases, you may apply to a Residential Property Tribunal to reclaim rent. You can only do so if your landlord has been prosecuted by the council for running an unlicensed house in multiple occupation or if the council itself has obtained a rent repayment order. Your council or a Residential Property Tribunal should be able to give you further details.

What happens if my landlord breaches the terms or conditions of the licence?

If a landlord or manager allows an house in multiple occupation to be occupied by more people or households than it is licensed for, without a reasonable excuse, he or she will be committing a criminal offence and could be fined up to £20,000.

If the landlord or manager breaches licence conditions he or she is committing a criminal offence and could be fined up to £5,000. If the breach is a serious or persistent one the licence may also be revoked.

If the council revokes a licence (and is unable to agree a replacement licence) it must take over the management of the house in multiple occupation itself, unless the building is no longer licensable.

What happens if the council refuses to grant a licence?

If the council is unable to grant a licence for the house in multiple occupation then it will need to take over the management responsibility for the property until circumstances change and it can then be licensed.

There are special rules that apply when a council takes over the management of an house in multiple occupation. If this happens the council will explain your rights and liabilities, and those of the landlord or former manager.

Are there any controls on houses in multiple occupation which do not need a licence?

Yes. All houses in multiple occupation, including those which do not need a licence, have to be managed according to the laws setting out the responsibilities of both landlords and tenants. (These are set out in The Management of Houses in Multiple Occupation Regulations 2006).

Managers of houses in multiple occupation must ensure the good day-today management of houses in multiple occupation and that necessary equipment is maintained in reasonable condition.

Tenants must not stop the landlord or manager doing this. A landlord or tenant who fails to comply with these regulations may be fined up to £5,000.

If an house in multiple occupation that does not need a licence is being managed badly the local council can, in some circumstances, apply to a Residential Property Tribunal to take over management of the property itself.

What happens if the conditions in my house in multiple occupation are poor?

Whether or not the house in multiple occupation is licensed it should be reasonably free from hazards that might affect your health and safety. Your council is responsible for enforcing those standards and can require the landlord to take appropriate action to remedy any defects. In some emergency cases the council may do the works itself.

If you live in a licensed house in multiple occupation the council must satisfy itself that the building is free from any major hazards. This will normally involve an inspection.

Further information

You can get more information about house in multiple occupation licensing from the Private Sector Housing Team. You can also get information or advice from the housing advice centre, the Citizens advice bureau or a solicitor.