Houses in Multiple Occupation - HMO Mandatory licensing

Presently the owners of all HMOs with 5 or more occupiers living in 2 or more households who share some basic amenities( washing facilities, toilets, kitchens) regardless of the number of storeys must apply for an HMO Mandatory licence.

All licences granted are subject to conditions which the licence holder must comply with either immediately or within a specified period of time. Certain conditions as detailed in Schedule 4 of the Housing Act 2004 are mandatory and must be included in every licence granted. The Council can also impose any other specific property conditions considered necessary for regulating the management, use and occupation of the premises concerned plus its condition and contents.

The HMO licence will be valid for up to 5 years.  The council may choose to grant a licence for less than 5 years in certain circumstances.

The Management of Houses in Multiple Occupation Regulations set out the legal duties relating to the day to day running of HMO's.

Application

We aim to issue your licence within 12 weeks of receiving a valid application (Tacit consent does not apply) and SKDC does not allow for deemed automatically grant of licences on the basis that there is an overriding public interest. Namely; it is first necessary to inspect the property first to protect public safety. When justified by the complexity of the issue, the time period maybe extended once, by SKDC, for a limited time and you will be notified.

 SKDC's Prescribed standards state the expected health and safety standards for an HMO within South Kesteven.

SKDC Prescribed standards for HMO

The following minimum room sizes apply and will be included as mandatory conditions on Licences.  

• A minimum floor area for any bedroom occupied by a single person under 10 years of age to be 4.64m²
• A minimum floor area for any bedroom occupied by a single person of 6.51m²
• A minimum floor area for any bedroom occupied by two persons of 10.22m²

On the first application for a licence or the first renewal the council may allow a grace period of up to 12 months for a landlord to deal with any room which is below the threshold and is occupied as sleeping accommodation, whether by moving the tenant out or by adjusting it to make it larger.

The Local Authority have a duty under the provisions of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 and Section 232 of the Housing Act 2004 to ensure the register of licensable Houses in Multiple Occupancy is available.

SKDC Amenity standards for HMOs

Amenity standards for HMOs or parts of HMOs either occupied by a socially interactive group (shared houses or shared flats normally subject to a joint tenancy) or by individual households living independently who either share facilities (some shared houses and bedsits) or have exclusive use of facilities (self-contained flats). The amenity standards include those prescribed by The Licensing and Management of Houses in Multiple Occupation and Other (Miscellaneous Provisions) (England) Regulations 2006 (SI 2006 No. 373).

House in Multiple Occupation (HMO) Public Register 2022

The council will take enforcement action against persons operating a licensable HMO without the required HMO licence.

Apply for a licence (GOV.UK)

Apply to renew a licence (GOV.UK) 

Apply to change a licence (GOV.UK)