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Housing Act 2004. Effects of the Housing Act 2004 On Houses In Multiple Occupation Maria Hickman Housing Renewal Manager Stroud District Council. Presentation Objectives. New HMO definition HMO Licensing HMO Standards Housing Health & Safety Rating System Questions. HMO definition.
Housing Act 2004 Effects of the Housing Act 2004 On Houses In Multiple Occupation Maria Hickman Housing Renewal Manager Stroud District Council
Presentation Objectives • New HMO definition • HMO Licensing • HMO Standards • Housing Health & Safety Rating System • Questions
HMO definition • House, hostel or flat occupied by more than one household and three or more persons where sharing of amenities and rent or other amounts are payable • Converted building where one or more of the units of living accommodation do not consist of a self contained flat • House converted into self contained flats which does not meet 1991 Building Regulations and less than two thirds of flats on long leases (i.e. more than a third are tenanted)
HMO definition • These properties are occupied by: • Persons who do not form a single household unless they are members of the same family. Same family includes foster children. Allows for same sex couples. • Must be occupied as only or main residence (but includes refuges or residences of full time student)
Non HMOs • Houses owned by LAs, RSLs, police, fire or health authorities • University owned accommodation • Churches • Houses occupied by only 2 persons forming 2 households
HMO Licensing • Housing Act 2004 Part 2 • - introduces national mandatory scheme of HMO licensing • - applies to HMOs of 3 or more storeys occupied by at least 5 people
License requirements • reasonably suitable for occupation by number of persons or households • Licence holder and manager is fit and proper person • proposed manager is competent • proposed management arrangements are satisfactory
Licence conditions • Conditions include: • Annual gas, electrical, furniture checks • Adequate fire precautions • Written statement of terms of all tenancies • Management, use and occupation • Condition and contents • Behaviour of tenants/visitors • Specific works
Licence Duration • Can be up to 5 years • Will be three years in Gloucestershire
Cost of a Licence • Cost for Gloucestershire will be £350 for 3 years. • Additional hourly charge for substantial additional work where applications incomplete
Meeting the Standard(s) • Standards • HHSRS – good repair, ask! • Amenity Standards for licensable HMOs • HMO Management Regulations • www.homestamp.com
Amenity Standards • Heating – each unit to be equipped with adequate means of space heating • Washing facilities – 1 to 5, whb in every unit, bathroom and WC separate if > 5 persons • Kitchens – “sufficient” facilities • Fire precautions – “necessary”
Housing Health & Safety Rating System • Replaces the existing housing fitness standard with an evidence-based approach which assesses 24 categories of housing hazards in relation to the risk to the potential occupant who is most vulnerable to that risk.
Hazard Rating • Assesses 29 categories of housing hazard based on the risk to the potential occupant who is most vulnerable to that hazard. • It provides a rating for each hazard expressed as a numerical score. • Scores are then banded into 10 bands A to J.
Hazards Assessed Damp/mould growth (2) Radiation Noise Fire Excess heat/cold (2) Uncombusted fuel Gas Hygiene (2) Hot surfaces Asbestos VOCs Structural Food safety Entrapment Biocides Crowding & space Water supply Explosions Carbon monoxide etc Intruders Falls (4) Ergonomics Lead Lighting Electrical
Hazard Category • Scores in bands A to C (>1000) are classed as Category 1 hazards. • Scores in bands D to J (<1000) are classed as Category 2 hazards. • LA has a duty to act in relation to Category 1 hazards and a power to act in relation to Category 2 hazards.