Houses in Multiple Occupation (HMO) Policy

2012

This document sets out the Council’s policy decisions relating to houses in multiple

occupation.

“Allerdale – a great place to live, work and visit”

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Contents 1. Introduction Page 3 2. Background Page 3 2.1. Definition of a HMO Page 3 2.1.1. The building test Page 3 2.1.2. The residence test Page 3 2.1.3. The consideration test Page 3 2.2. Exemptions from the HMO definition Page 4 2.3. Licensing of HMOs Page 4 3. Policy – Defining only or main residence Page 4 4. Policy – Scheduled HMO Inspections Page 4 4.1. Determining lack of confidence in management and poor compliance with legislation Page 5 5. Policy – Mandatory HMO Licence Page 5 5.1. Resident landlords Page 5 5.2. Determining number of storeys Page 5 5.3. Determination of self contained flat Page 6 6. Policy – Fit and proper persons Page 6 7. Policy – Management Arrangements Page 7 7.1. Management Regulations Page 7 7.1.1. Duty of manager to provide information to occupier Page 8 7.1.2. Safety measures Page 8 7.1.3. Water supply and drainage Page 8 7.1.4. Gas and electricity Page 8 7.1.5. Common parts, fixtures, fittings and appliances Page 8 7.1.6. Living accommodation Page 8 7.1.7. Waste disposal facilities Page 8 7.1.8. Duties of residents Page 9 8. Policy – Licence holder Page 9 9. Policy – Amenity standards Page 9 10. Policy – Housing Health and Safety Rating System Page 9 11. Policy – Licensing conditions Page 9 12. Policy – Licence duration Page 10 13. Policy – Fees Page 11 14. Policy – Applications Page 11 15. Policy – Licence variations and changes to licence holder Page 11 16. Policy – Temporary Exemption Notices and death of a licence holder Page 12 17. Policy – Enforcement issues Page 12 18. Building Control Page 13

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1. Introduction This document sets out the Council policy relating to the amenities and facilities which will be applied to houses in multiple occupation (HMOs). Any areas that are not included within the policy will be determined on a case-by-case basis having regard to relevant legislation and guidance available. 2. Background HMOs provide valuable accommodation for a range of people. However, HMOs can present a number of problems to both the health and safety of the occupiers and the general neighbourhood. Owners need to be made aware of their obligation and encouraged in their compliance. 2.1. Definition of a HMO For a building or part of a building to be classified as a HMO under the Housing Act 2004 (from this point on referred to as ‘the Act’) it must meet all of the following tests: 2.1.1. The building test An HMO is a building or part of a building:

• In which more than one household shares an amenity (or the building lacks an amenity) such

as a bathroom, toilet or cooking facilities; or

• Which is a converted building that does not entirely comprise self-contained flats (whether or

not there is also a sharing, or lack, of amenities; or

• Which is comprised entirely of converted self contained flats and where the standard of

conversion does not the minimum that is required by the 1991 building regulations, and more

than one third of the flats are occupied under short tenancies. (From here on known as

Section 257 HMOs)

2.1.2. The residence test For a building to be classified as an HMO it must also be occupied by more than one household as their only or main residence. This includes occupation:

• By asylum seekers and migrant and seasonal workers;

• As a refuge by persons escaping domestic violence; or

• By students in higher or further education.

A group of people who are not all members of the same family living in the same building will form more than one household. 2.1.3. The consideration test An important additional requirement for a building to be classified as a HMO is that some ‘consideration’ needs to be payable for the occupation. This will usually be in the form of rents or fees but includes, for example, employment where ‘live-in’ accommodation is provided – except in the case of certain types of domestic employment.

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2.2. Exemptions from the HMO definition Certain buildings exempt from the HMO definition include:

• Those occupied by the resident landlord and a maximum of two other persons who are not

part of his or her household; and

• Those occupied by no more than two persons.

Schedule 14 of the Act lists all the exemptions. 2.3. Licensing of HMOs Mandatory HMO licensing was introduced, for certain HMOs, in April 2006 under the provisions of the Housing Act 2004. Its aim was to target those HMOs which were perceived to be of the highest risk. The HMOs that require to be licensed are as follows:

• Those occupied by five persons or more; and

• With accommodation on three or more stories; and

• That are not buildings that have been fully converted into self contained flats.

3. Policy – Defining only or main residence Section 254 of the Housing Act 2004 states that, to be a HMO, the living accommodation must be occupied by persons as their only or main residence or they are to be treated as so occupying it under section 259 of the Act. The Housing Act does not stipulate a period of time to define living accommodation as a person’s only or main residence. Local Government Regulation guidance states: “Local Housing Authorities could adopt a policy which sets down the minimum length of occupation for residents with a home elsewhere, which specifies when accommodation will be defined as their main residence. Some councils have a policy for people staying a minimum period of time e.g. 30 days, whilst others state a period of time in a year e.g. 16 weeks in any twelve month period. The latter allows for multiple short term stays, or where residents are away at weekends.” Allerdale Borough Council’s policy for determining when accommodation will become a main residence is that the resident spends 30 consecutive days or more than 30 days per year at the accommodation in question. 4. Policy – Scheduled HMO inspections HMOs are often linked to poorer physical and management standards than in other private rented property. This is the case within Allerdale. Therefore, to increase the standard of this type of accommodation, scheduled inspections have commenced of all known HMOs. Each HMO will be placed into a priority category and inspected according to the below schedule: Category 1 – Inspected every 12 months

• All licensable HMOs;

• HMOs in Category 2 due to lack of confidence in management and / or poor compliance with

legislation.

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Category 2 – Inspected every 18 months

• Three storey HMOs that are not licensable because there are less than five occupants;

• HMOs in Category 3 due to lack of confidence in management and / or poor compliance with

legislation.

Category 3 – Inspected every 24 months

• Three or more story Section 257 HMOs;

• HMOs in Category 4 due to lack of confidence in management and / or poor compliance with

legislation.

Category 4 – Inspected every 30 months

• Two storey HMOs;

• Two storey Section 257 HMOs.

4.1. Determining lack of confidence in management and poor compliance with legislation In order to determine a lack of confidence in management, officers will take the following into consideration to make an evidence based decision.

• Any previous interventions by the Council and the outcome of these;

• The level of maintenance of the HMO;

• The procedures/precautions that are in place to safeguard the health and safety of the occupants.

In order to determine poor compliance, officers will take the following into consideration to make an evidence based decision.

• Any previous interventions by the Council and the outcome of these;

• The level of compliance with the ‘Management Regulations’

• The level of compliance with any other relevant regulations. 5. Policy – Mandatory HMO licence 5.1. Resident landlords Government guidance is that where an HMO is occupied by a resident landlord, the members of that household are counted as one nominal person. This guidance will be used to establish whether such an HMO is licensable. 5.2. Determining the number of storeys Legislation states that the term ‘storey’ relates to the number of floors within the HMO. This can be complex in the case of HMOs which have been converted into self contained flats, of which one flat is a flat in multiple occupation. In this case, it can be argued whether the word storey refers to the whole building or just the flat. Guidance given by the Government indicated that it relates to the flat; this policy will consider the number of storeys within the flat rather than the building containing the flat. The regulations use the word ‘mezzanine’, stating that such are to be considered to be separate storeys. Confusion can be caused in buildings where rear addition floors are built at a different level to those at the front of the building. For the purposes of licensing, a HMO with two storeys at the front

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and two at the rear will be considered to be a two storey property regardless of any mismatch in heights to the front and the rear parts of the property. This accords with the advice given by Local Government Regulation. The regulations also have specific requirement for those buildings which have commercial and residential use. In such cases, any commercial storey is added to the count of the residential storeys within the HMO part of the building. However, Government guidance states that this rule does not apply to commercial parts below ground level. This policy follows Government guidance. The regulations state that in some cases attics and basements will be counted as storeys. This is interpreted to mean that the following attics and basements will be included:

• Those which have rooms or services available for the use of the occupiers (or which should be

available for their use); and

• Areas that have been constructed or adapted for residential use and have not been

permanently secured. Permanent securing would involve, for example, the partitioning off of

the area (although permitting an access panel for maintenance which must be screwed shut).

5.3. Determination of self contained flat Legislation states that a self contained flat is a ‘separate set of premises’ which contains its own toilet, personal washing and cooking facilities. The use of the expression ‘separate set’ is to be taken as meaning premises which have all rooms accessible through a single front flat entrance door, such that the occupier does not have to cross the common parts to gain access to any other part of his accommodation. This is in accordance with Local Government Regulation guidance. 6. Policy – Fit and proper persons As part of the mandatory licence application, the Council is required to assess whether persons associated with the management of the property are fit and proper for this function. The application form must include a list of questions relating to specified offences and acts. The list of offences and failures is not exhaustive; other matters may be considered if they are relevant to the management of the HMO. It is not necessary to have proved to a court or tribunal that an offence or failure has been committed. Where there is evidence of an alleged relevant breach or failure this should be considered. The circumstances of the offence or failure will be examined in light of how this may affect the future conduct of the owner/manager. An offence or failure may not prevent the granting of the licence. Any decision to accept a person as being fit and proper will be based upon:

• The severity of the breach;

• The number of breaches;

• The time which has elapsed since the last breach, and subsequent conduct since;

• The relevance of the breach to the proper operation of the HMO;

• The evidence that the applicant has accepted the need to conduct his business in accordance

with the appropriate standards (including whether there has been satisfactory arrangements

for the repayment of any debts associated with the failure to meet statutory responsibilities);

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• The training received since the breach occurred.

Fit and proper status will normally be determined by self certification, together with information from within the Council. Where there are other properties outside Allerdale, enquiries may be made to the relevant local housing authority. In some cases it may be appropriate to seek a criminal records check. In the context of fit and proper status, ‘person’ includes a corporate body (for example, a limited company). This accords with advice given by Local Government Regulation. 7. Policy – Management arrangements Appropriate management arrangements, including financial arrangements, must be present. The manager is frequently the same as the licence holder, if a licensable building, or the owner in non licensable buildings. However, where there is a separate manager they must be employed by, or appointed as an agent, by the person having control of the HMO. In all cases a manager must be available to act proactively (inspect the property to identify problems) and reactively (to respond to problems as they arise). The manager would normally be expected to reside / work sufficiently close to the HMO to carry out these functions. However, the key issue is that the manager is capable of properly managing the property and decisions about this will be determined by the inspection of the property and its management history. The manager must have appropriate arrangements to deal with an emergency at any time. There must be a pool of competent tradesmen capable of dealing with all aspects of HMO maintenance. There must be sufficient finance available to deal with an emergency situation. Finance should also be available to support any works necessary to protect he health and safety of the occupiers, visitors and neighbours and/or otherwise meet any statutory requirements. Occupiers should be provided with the information necessary for them to:

• Take the appropriate steps in the event of a fire;

• Operate the fire alarm system;

• Use the heating and hot water system and appliances;

• Notify the licence holder (or owner) of any problems that may arise; and

• Properly store and arrange for the collection of refuse.

There should be systems in place to identify and address anti social behaviour, on the part of the occupiers or their visitors, arising from the property. 7.1. Management Regulations There are specific regulations that apply to the management of HMOs These are The Management of Houses in Multiple Occupation Regulations 2006 and The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007. In simple terms the Regulations state that the manager is responsible for ensuring that all of the facilities provided in the house are properly maintained and that the house is in clean and good order. The requirements are detailed below:

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7.1.1. Duty of Manager to Provide Information to Occupier The manager must provide each household with his/her contact details, a copy of which must be clearly displayed within the property. 7.1.2. Safety Measures The manager must ensure that means of escape in case of fire are maintained and kept free from obstruction, extinguishers and alarms are in good working order, and any designated exit routes are clearly signed. Additionally, steps must be taken to ensure that occupiers are protected from potential injury associated with the design and layout of the property and installations within it. 7.1.3. Water Supply and Drainage All water supplies and drainage (including pipes, tanks and valves) must be kept in clean condition and good order. 7.2.4. Gas and Electricity The manager shall not unreasonably cause the supply of gas and electricity to any resident to be interrupted. The manager must supply to the local authority, within seven days of receiving a request, the latest gas appliance and electrical installation test certificate(s) for the property. Currently gas appliances must be tested annually and electrical installations every five years. 7.1.5. Common Parts, Fixtures, Fittings and Appliances All parts of the house in common use must be kept in a clean condition, good decorative order and in good repair, including upkeep of gardens, yards, boundary walls and fences. All corridors, staircases, passageways, halls, lobbies, balconies and entrances are to be kept free from obstruction. All handrails and banisters are to kept in good repair and any missing items are to be replaced. Sanitary conveniences, baths, sinks, wash hand basins, and installations for the cooking or storing of food are to be maintained in good repair, clean condition and good order. Installations for lighting serving any part of the house in common use must be available for use at all times. 7.1.6. Living Accommodation Each unit of living accommodation must be maintained and supplied at the beginning of a tenancy in a clean condition and in good repair. The manager is not responsible for the repair and maintenance of furniture, fixtures and fittings owned by the tenant, nor are they responsible for upkeep of fixtures and fittings damaged by un tenant-like behaviour. All windows and ventilation must be maintained in a proper working order. 7.1.7. Waste Disposal Facilities

Proper refuse receptacles are to be provided on a scale adequate to the requirements of the residents. Adequate arrangements must be made for the collection of refuse from the waste storage facility.

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7.1.8. Duties of Residents

With a view to ensuring that the manager can effectively carry out his or her duties under these Regulations, every resident shall take steps not to hinder or frustrate the manager.

Residents must allow the manager access to their rooms at all reasonable times and should provide the manager with any information reasonably required. Residents must also comply with reasonable requests made by the manager in respect of means of escape from fire and fire precautions and for the disposal of litter.

Residents must also take care not to damage anything that the manager is obliged by these Regulations to keep in proper repair.

8. Policy – Licence holder The licence holder must be the most appropriate person to fill this role. This will normally be the person having control of the HMO (usually the owner). The licence holder will have the powers and financial resources to :

• Manage tenancies; and

• Authorise repairs and improvements as necessary to comply with statutory obligations and

Part 1 of the Housing Act 2004; either directly or through an agent.

The fact that a person lives abroad may not bar them from being a licence holder. Consideration will be given to the management arrangements of the property, and the level of confidence that such standards will be maintained with, or without, the imposition of licence conditions on the proposed licence holder or some other person. 9. Policy – Amenity standards The HMO must be suitable for the accommodation of the number of persons who will occupy it. Where a HMO is unsuitable, it is usually possible to improve it by the imposition of licensing conditions specifying appropriate works. Where it is not possible to improve the HMO, the occupancy should be restricted to a level that would be satisfactory with the existing amenities and room sizes etc. Minimum amenity standards are set in the regulations. However, the local housing authority may adopt standards higher than the prescribed standards. Annex B set out standards which apply to bedsit/shared housing. These standards incorporate the minimum room sizes and expand on the requirements of the prescribed regulations. 10. Policy – Housing Health & Safety Rating System There are no ‘set’ standards under the Housing Health & Safety Rating System (HHSRS). There are 29 different hazards that need to be assessed in each property. Improvement will be required where the hazards are found to give rise to unacceptable risks. Details of each hazard and an indication as to the requirements of the HHSRS are detailed in Annex C. 11. Policy – Licensing conditions All HMO licences must include specific conditions. In addition, the licence may also include other conditions which relate to the occupancy, management, use, condition and contents etc.

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There is an overlap between the standards set out in Annex B (which can be demanded through imposition of licence conditions) and those in Annex C which address the broader health and safety issues under the HHSRS. This particularly applies to issues of heating and fire safety. The Act applies the presumption that, in general, matters relating to HHSRS will be dealt with under Part 1 of the Act rather than Part 2 (licensing). This policy applies this presumption, although decisions as to which power to use will be taken on a case by case basis. Simple defects will be addressed through licensing conditions, and more complex matters dealt with under the HHSRS. Licence conditions are imposed upon the licence holder. However, it may be appropriate to impose some conditions upon another person with their consent. Discretionary licence conditions will usually be imposed upon the licence holder. These are as follows:

1. Any changes to the licence holder’s personal details must be notified to the Council as soon as

reasonably practicable; 2. The licence holder has a duty to notify the Council of any relevant convictions as soon as

reasonably practicable; 3. The licence holder shall take reasonable and practical steps to prevent or reduce anti-social

behaviour by persons occupying or visiting the house by:

a. Making reasonably enquiries before granting a tenancy as to the tenant’s relevant earlier convictions, cautions and behaviour and those of their known associates;

b. To include within the written statement of terms adequate provisions relating to the

behaviour of the occupiers and their visitors to enable the licence holder or landlord to effectively prevent or reduce a situation where anti-social behaviour occurs; and

c. To co-operate with the Police and / or Council when requested to prevent or reduce

anti-social behaviour of occupiers and their visitors. 12. Policy – Licence duration The duration of all licence will normally be 5 years, subject to the following. In some cases there may be less certainty about the adequacy of the management arrangements, fit and proper status of the licence holder or his domiciliary arrangements. In these situations the licence may be approved for a lesser period. The appropriate licence fee remains payable as a part of the licence. Subject to satisfactory performance, a further licence will be issued; the duration of the first and second licences will not exceed five years, and no further fee will be required for the second licence. Where there has been an excessive delay in submitting a full initial licence application, or a full re-licensing application, the period of the licence will be reduced. This policy provision will act:

• As an incentive to promote prompt compliance with licensing requirements; and

• To effectively increase the fee paid which will reflect the additional costs incurred in pursuing

the application.

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In respect of initial licensing, the reduction in the period of the licence will be such that effectively the licence is backdated to the date when the HMO first required a licence. However, provided that the full application is submitted within one calendar month of that date, no such deduction shall be made. In respect of a subsequent licence, the reduction in the period of the licence will be such that effectively the licence is backdated to the time at which the full application should have been received. The licence holder will have been previously notified of the requirements to re-licence; accordingly a “period of grace” is inappropriate. In exceptional circumstances a licence of five years may be approved where the circumstances would normally fall within the paragraphs above. 13. Policy – Fees The licence fee is £346.50 with an additional £26.25 per each letting room above five. These fees were correct at time of going to print and should be verified by contacting Housing Services. The licensing fee reflects all the costs associated with licensing (other than those that can be recovered from other sources). Chargeable activities include processing applications, variations, revocations, temporary exemption applications, annual certification, identifying non licensed HMOs, inspection and enforcement actions. The fee charged for re-licensing will be the same as the initial licence fee. The licence fee will be demanded at the time of the licence application and the application will not be considered complete until the appropriate licence fee is paid and has cleared. The licence fee will be assessed as of the time that the application becomes complete. 14. Policy – Applications Application for a HMO licence must be made on the Council application form (appropriate at the date of application). The application will not be considered complete unless:

• The correct application form has been properly and fully completed;

• All appropriate certificates and attachments have been submitted (as specified within the

form); and

• The correct fee has been paid and cleared.

Applications will be processed in accordance with the HMO licensing procedure which can be found

in Annex A.

15. Policy – Licence variations and changes to licence holder The need to vary the licence may arise following an inspection of the property or a request from the licence holder. Variations will be considered in accordance with standards no higher than those used to assess the HMO at the time that the licence was issued (this is subject to any changes in the regulations setting out the prescribed standards).

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As the licence is unique to both the property address and the licence holder, it is not possible to vary

a licence to permit the change of a licence holder. This situation can arise on sale of a property, or on

repossession. In such cases a new licence must be applied for and the current licence revoked. Such

a revocation would generally considered to be voluntary and not an enforcement issue.

16. Policy – Temporary Exemption Notices and death of a licence holder Landlords can apply for Temporary Exemption Notices (TENs) when they propose to take steps to remove a HMO from the remit of licensing. The TEN allows the HMO to operate legally for three months whilst the appropriate changes are taking place. Government guidance is that this provision is not available for the avoidance or evasion of licensing, since that would be contrary to the purpose of the Act. Landlords and managers, therefore, need to demonstrate to the council that they are genuinely taking steps to ensure the building will cease to be licensable. Such steps could include obtaining planning permission for conversion of the HMO into a single occupancy dwelling or entering into a contract for the sale of the building with vacant possession for use other than as an HMO. Simply a proposal to, or the act of, putting an HMO on the market for sale or reducing the number of occupants will not be sufficient for the Council to agree to issue a temporary exemption notice. In deciding whether to issue a TEN, we will have regard to whether the proposals will remove the HMO from the remit of licensing, whether these proposals are practical and likely to be completed within the three month period of the TEN. A second TEN will only be issued in exceptional circumstances. In the event of the death of the licence holder the Council is required to treat the HMO as if a TEN

had been granted at the time of that death. This gives the personal representative three months to

take control of the HMO. The representative may ask for this period to be extended by a further three

months, and any such application will be considered on its merits.

17. Policy – Enforcement options The failures to apply for a licence or comply with the conditions of a licence are offences. The Private Sector Housing Enforcement Policy will be used to determine how breaches of licensing requirements to be addressed. Other enforcement options are available where there has been a failure to apply for a licence. The Council can apply for a Rent Repayment Order (RRO) to recover housing benefit payments. Generally RROs will be applied for as it is not appropriate for anyone to benefit from a criminal office. In some situations, tenants may also apply for a RRO in respect of non housing benefit payments. We will advise tenants of this right in appropriate cases. A licence application may be refused, or a previously issued licence revoked. In both cases this will be a last resort following the failure to secure the required changes/improvements by agreement. Statutory provisions apply where the Council is unable to grant a HMO licence, either because no application has been made, or the circumstances of application require its refusal. Legislation requires that the Council take over the management of the HMO through an Interim Management Order. This is an action of last resort; all reasonable steps will be taken to enable a licence to be granted prior to any decision to make an Interim Management Order.

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There are restrictions on the use of Section 21 notice of eviction where licensing requirements have not been met. Section 21 notices may only be used for licensable HMOs where:

• A full licence application has been made, but not decided; or

• An application for a TEN has been made but not decided; or

• An HMO licence has been approved and is current; or

• A TEN has been approved and is current.

18. Building Control Works of alteration and/or improvement including those requested by the Council such as drainage works to provide additional bathroom facilities; window replacement or alterations to the electrical system may require Building Regulation or Building Notice approval. For further information contact Building Control on 01900 702520 or email building.control@allerdale.gov.uk

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Annexes Annex A Licensing Procedure Annex B HMO Amenity Standards Annex C HHSRS Standards

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Annex A: Licensing Procedure

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Annex B: HMO Amenity Standards Non licensable HMOs When appraising the amenity provision in non licensable HMOs, the Council will have regard to the licensable HMO amenity standard. However, these will be seen as guidance only and the HHSRS will be used to determine the adequacy of the amenity provision, in these dwellings. Amenity standards in licensable HMOs These standards apply the national minimum standards and where no national standard exists, the Council approved standard has been applied. The standards have been produced in consultation with neighbouring authorities and aims to assist landlords of HMOs to improve and maintain their properties to a reasonable standard. The national minimum standards come under two statutory instruments and form the basis for the Council’s Amenity Standards. These are SI 373, 2006 and SI 1903, 2007. The Council appreciates the fact that different HMOs pose different health and safety risks, and vary dependent on their occupiers. In certain cases there may be circumstances where various types of HMOs would not be covered by this document and in such cases, Council Officers would be able to advise about standards which may be appropriate. Space heating Each unit of accommodation must be equipped with an adequate means of space heating. The Council encourages the provision of energy efficient means of space heating and appropriate levels of thermal insulation where possible. Such heating provision must be capable of being operated at any time and tenants should be in control of heating to their rooms. The use of portable paraffin or oil heaters and liquefied petroleum gas (LPG) heaters shall not be acceptable under any circumstances, whether provided by the landlord or tenant. Washing facilities Where all or some of the units of living accommodation in a HMO do not contain bathing and toilet facilities for the exclusive use of each individual household, the following standards shall apply. 5 persons 1 bath/shower room and 1 separate WC with

WHB, the WC and WHB can be contained within a second bathroom.

6 – 8 persons 2 bath/shower rooms, each with a WC and WHB. 9 – 11 persons 2 bath/shower rooms, each to include a WC with

WHB and a separate WC with WHB or a third bathroom. WHB contained within every letting unit.

12 – 15 persons 3 bath/shower rooms, each to include a WC and WHB. WHB contained within every letting unit.

A suitable splash back to wash hand basins and baths shall be a minimum of 300mm high and extend to at least a width equal to the size of the WHB/bath, and all joints shall be adequately sealed. Where a shower is provided, a suitable waterproof covering is to be fitted to the walls to ceiling height

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or at least 2.1m above the base of the shower, whichever is lesser. A suitable shower curtain or screen must be provided. The hot water supply must be of sufficient capacity, temperature and flow for any WHB, bath or shower and be available at all times. In the case of showers the water temperature must be thermostatically controlled. In the case of WHBs the cold water supply must be potable (drinking water quality). All fittings must be permanently plumbed into the hot/cold water system and properly connected to mains drainage. All bath/shower rooms must be suitably and adequately heated and ventilated. All bath/shower rooms and WCs must be of adequate size and layout and fit for purpose. The rooms must also be fitted with a privacy lock. All bath/shower rooms and WCs must be suitably located in relation to the living accommodation within the HMO. External WCs cannot be included for this purpose. Baths or showers cannot be provided in kitchens. Kitchen facilities If the individual unit of living accommodation does not contain adequate kitchen facilities for the cooking and preparation of food, then there must be a kitchen, suitably located in relation to the living accommodation and of such layout and size and equipped wish such facilities so as to enable those persons sharing the facilities to store, prepare and cook food. The following standards shall apply. 5 persons 1 kitchen, with 1x4 ring hob with oven. 1 drainer

and sink. 3 double sockets. 0.5m of worktop per person.

6 – 8 persons 1 kitchen with dining area/lounge attached, adjacent or on the same floor. 2x4 ring hob with 2 ovens. 2 drainers and sinks (a double drainer may be acceptable or provision of a dishwasher). 4 double sockets. 0.5m of worktop per person.

9 – 11 persons 1 kitchen with large dining area/lounge attached, adjacent or on the same floor. 2x4 ring hob with 2 ovens. 2 drainers and sinks. 4 double sockets. 0.5m of worktop per person.

12 – 15 persons 2 kitchens and 1 dining/lounge area, with 1x4 ring hob with oven. 1 drainer and sink. 3 double sockets. 0.5m of worktop per person.

A suitable splash back to the sink and draining board shall be a minimum of 300mm high and all joints shall be adequately sealed. A suitable splash back to any worktop that abuts a wall shall be a minimum of 300mm high and all joints shall be adequately sealed. 0.4m³ of combination of dry, refrigerated and frozen food storage should be allowed per person. The units below a sink will not be acceptable for food/utensil storage. Appropriate refuse disposal facilities should be provided.

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Appropriate extractor fans, fire blankets and fire doors should be provided. If catering services are provided, then the Council will consider such circumstances and negotiate with the landlord to determine the standards to suit the occupier’s needs. Units of accommodation with their own kitchen facilities The minimum requirements are:

• Two ring hob with oven;

• Sink with drainage board and adequate supply of hot and cold running water;

• At least 1 double electrical socket for kitchen appliances only;

• At least 1m of worktop per person;

• At least 0.4m³ of combination of dry, refrigerated and frozen food storage space per person. A suitable splash back to the sink and draining board shall be a minimum of 300mm high and all joints shall be adequately sealed. A suitable splash back to any worktop that abuts a wall shall be a minimum of 300mm high and all joints shall be adequately sealed. The units below a sink will not be acceptable for food/utensil storage. Appropriate refuse disposal facilities should be provided. Appropriate extractor fans, fire blankets and fire doors should be provided. Refuse storage and disposal Refuse and recycling bins/containers shall be provided in sufficient numbers for the needs of the household, and adequate means of disposal provided. All refuse containers should be located on hard standings with suitable access for cleansing of the area and removal of containers. Such hard standing should be located in an area away from habitable rooms and wherever practical, at the rear of the property. Electricity supply Electricity socket outlets shall be provided to individual rooms or lettings to a minimum standard as follows: Living rooms 2 double sockets Bedrooms 2 double sockets Bedrooms containing cooking facilities 3 double sockets In separate kitchens or in bedrooms with cooking facilities, at least one double socket should be located above the work surface for the use of portable appliances.

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All socket outlets shall be located in positions which permit their safe, convenient and proper use at all times, having regard to likely room layouts. They should not be positioned where vulnerable to damage, likely to be obstructed or where the resulting appliance cables are likely to pose a health and safety hazard. Electric cookers shall be provided with a dedicated cooker point suitable for the rating of the cooker and fixed electric or water heating appliances shall be provided with a separate, dedicated electric point. All landlords must also provide an up to date electrical safety report from an NICEIC or equivalent registered electrician on the condition of the whole existing electrical system. This should be undertaken every 5 years. Room sizes Bedrooms Number of people Shared lounge Shared kitchen Room size (m²) One Yes Yes 6.5 One No Yes 10 One No No 13 Two Yes Yes 10 Two No Yes 14 Two No No 20.5 Any bedroom should not be occupied by more than one household. It is not normally acceptable for a bedroom to be occupied by more than two people in one household. An assessment using the HHSRS will be carried out to determine the risk from ‘Crowding and Space’. Where this is unacceptable, improvement shall be required. Measurement of rooms Room sizes are calculated by taking wall to wall measurements directly above the height of the skirting board. In general, where the layout of the room prevents some parts of it being properly used, these areas will be excluded from the assessment of size. This includes areas which can only be used for access (e.g. some “L” shaped rooms with a narrow area in front of a doorway) are excluded. Also excluded are all parts of rooms located below sloping ceilings etc where the maximum ceiling height is less than 1.5m. The minimum standards apply to each room and the equivalent amount of space cannot be made up by using two smaller rooms. Shared lounges Shared lounges must be of sufficient size and have sufficient soft furnishings, to allow at least two thirds of the occupiers to sit together and socialise.

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Annex C: HHSRS Standards There are no ‘set’ standards in this section. The following are all ‘hazards’ that need to be assessed in each property. Improvement will be required where the hazards are found to give rise to unacceptable risks. Some hazards occur frequently and others very rarely. Damp and Mould The property needs to be reasonably free from damp and mould that would be prejudicial to health. This includes the presence of black spot mould resulting from condensation. Typically this requires that there is adequate heating, ventilation and insulation and that these provisions and the property as a whole is maintained in good order. Excess Cold Each unit of accommodation, including associated bathrooms and other common areas must be provided with an adequate fixed heating system. This needs to be sufficient to maintain the temperature of the main room at 19ºC when the external temperature is -1ºC. The outputs of the system need to reflect the thermal characteristics of the accommodation which include the heat losses through walls (including walls to the stairwell) etc, draughts and the volume of the room. On inspection, an HHSRS assessment will be carried out to determine the risk from excess cold and where it is unacceptable, improvement will be required. The assessment will include consideration of heating provision, its control, and the thermal characteristics of the property. A properly designed gas central heating system, throughout the property, which is controllable by the individual occupiers, combined with adequate insulation, would meet this requirement. Systems of equivalent efficiency (when combined with insulation measures and including consideration of costs to run) will be acceptable. Excess Heat Provision must be made to allow heat to disperse from the property and prevent excessive heat gain for example in loft conversions. Asbestos Any asbestos in the property must be adequately protected against damage and dispersal of fibres into the air. Particular care must be taken when contractors are on site and their work may disturb asbestos. Note also the requirements of the Control of Asbestos Regulations 2006 which apply to common areas of HMOs. Biocides This covers threats to health from those chemicals used to treat timber and mould growth in dwellings. Carbon Monoxide and fuel combustion products This category includes hazards resulting from the presence of excess levels in the atmosphere of carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke. These are products associated with the combustion or incomplete combustion of gas, oil and solid fuel for heating and cooking. Problems can arise with poor installation and inadequate servicing/maintenance.

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Lead This covers threats to health from the ingestion of lead – mainly relates to small children unless there is still lead piping in the water supply. Radiation This covers the threats to health from radon gas and its daughters, primarily airborne, but also radon dissolved in water. Uncombusted Fuel Gas This category covers the threat of asphyxiation resulting from the escape of fuel gas into the atmosphere within a dwelling. Volatile Organic Compounds These are a diverse group of organic chemicals which includes formaldehyde, that are gaseous a room temperature, and are found in a wide variety of materials in the home. This is more likely to be a problem when materials have been used without due regard to safety or where there is inadequate ventilation. Crowding and Space There must be adequate space for normal household activities to be undertaken safely. This relates to room sizes and numbers of people occupying the property. Entry by Intruders The property must have a reasonable level of security. A higher level may be required in some areas than others depending on the crime statistics for that area. Areas with high numbers of HMOs typically have a higher incidence of crime. Lighting Adequate artificial lighting shall be provided in all areas sufficient for (a) the safe use of the accommodation (including external and common areas) (b) the maintenance of its cleanliness and (c) the carrying out of normal domestic activities. Adequate natural lighting and outlook should also be available. This can be a problem in lower ground floor rooms. Noise This covers threats to physical and mental health resulting from exposure to noise inside the dwelling or within its curtilage. Domestic Hygiene, Pests and Refuse This covers hazards which can result from:

• Poor design. Layout and construction such that the dwelling cannot be readily kept clean and

hygienic;

• Access into, and harbourage within, the dwelling for pests; and

• Inadequate and unhygienic provision for storing and disposal of household waste.

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Food Safety This covers threats of infection resulting from inadequacies in provision and facilities for the storage, preparation and cooking of food. Personal Hygiene, Sanitation and Drainage This covers threats of infection and threats to mental health associated with personal hygiene, including personal washing and clothes washing facilities, sanitation and drainage. Water Supply This category covers the quality and adequacy of the supply of water within the dwelling for drinking and for domestic purposes such as cooking, washing, cleaning and sanitation. It includes threats to health from contamination by bacteria, protozoa, parasites, viruses and chemical pollutants. Falls

• Associated with baths, showers or similar;

• On level surfaces – where any change in level is less than 300mm;

• On stairs/steps/ramps etc – where any change in level is more than 300mm;

• Between levels – where the change is more than 300mm – this refers to falls from windows,

balconies, landings, roofs etc.

Typical problems include lack of handrails, uneven steps, steps different in height, unguarded landings/roofs, low window sills, windows without restrictors.

Electrical Hazards This category covers hazards from shock and burns resulting from exposure to electricity, including from lightning strikes (protection would be required in buildings with significant risk of lightning strike only). Fire Appropriate fire precautions must be provided in the property. The minimum for the granting of an HMO licence:

• A 10 year sealed battery operated smoke alarm fixed to the ceiling of each hall and landing;

• A fire blanket in a proper container in any shared kitchens. The container shall be securely

fixed to the wall in a prominent and readily accessible position, sited so as to prevent a user

from being trapped in the event of a fire becoming out of control;

• A fire door to each shared kitchen. The fire door is to be fitted in accordance with LACORS

Fire Safety Guidance.

On inspection, an HHSRS assessment will be carried out to determine the risk from fire and where this is unacceptable improvement will be required. It is unlikely that the minimum standards quoted above will be sufficient. The assessment will take account of what fire precautions are provided, the layout and size of the property and whether there are any factors which increase the likelihood of fire. The Council has adopted the standard of fire safety described in the document “Housing – Fire Safety” published by LACORS (July 2008). A copy of this can be downloaded from the LACORS website www.lacors.gov.uk or from the private sector housing pages of the Council website www.allerdale.gov.uk.

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Flames and hot surfaces This category covers threats of:

• Burns – injuries caused by contact with a hot flame or fire, and contact with hot objects or hot

non water based liquids; and

• Scalds – injuries caused by contact with hot liquids and vapours.

Includes burns caused by clothing catching fire from a controlled fire or flame eg by reaching across a gas flame. Typical problems are associated with poorly designed kitchen layouts. Collision and Entrapment This category includes risks of physical injury from:

• Trapping body parts in architectural features, such as trapping limbs or fingers in doors or

windows; and

• Striking (colliding with) objects such as architectural glazing, windows, doors, loe ceilings and

walls.

Explosions This category covers the threat from the blast of an explosion, from debris generated by the blast, and from the partial or total collapse of a building as a result of an explosion. Position and operability of amenities etc This category covers threats of physical strain associated with functional space and other features at dwellings. An example would be having to stand on a chair to open a window or operate a switch. Structural collapse and falling elements This category covers the threat of whole dwelling collapse, or of an element or a part of the fabric being displaced or falling because of inadequate fixing, disrepair or as a result of adverse weather conditions. Structural failure may occur internally or externally within the curtilage threatening occupants, or externally outside the curtilage putting at risk members of the public.

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Please phone (01XXX XXXXXX) if you would like a copy of this document in a different format

Allerdale Borough Council Allerdale House

Workington Cumbria CA14 3YJ

Tel: 01900 702570 Fax: 01900 702866

Email: housing.services@allerdale.gov.uk

www.allerdale.gov.uk

HMO Policy 2012 Version 1

Date

Please phone (01900 702570) if you would like a copy of this document in a different format