Section 155.Section 128 defines the term “connected” for HMO licensing purposes. The definition includes married, unmarried and same-sex couples, as well as stepchildren, foster children and blood relatives. Consultants should note that these definitions refer to the licensing purposes of local authorities. The definition of HMO for municipal tax purposes is slightly different and can be found on the Municipal Tax – Liability and Exemptions page. On 1 October 2018, The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018″[8] amended the definition of large HMOs in the 2004 Act by removing the “3 or more storeys” requirement. Nevertheless, apartments booked in a block of 3 or more apartments were excluded from the modified classification. HMO systems were later introduced in other parts of the UK, although the legal definition of what constitutes an HMO varies between Scotland, Northern Ireland and England and Wales. The Housing Tax (Owners` Liability) Regulations 1992 contain a different definition of hMO, which is used exclusively to determine the obligation of the housing tax. As a rule, the landlord is required to pay the municipal tax on behalf of the tenants. [10] In addition to the legal definition of HMOs requiring a compulsory licence, local authorities have the power to introduce approved licensing systems that include small HMOs as licensable. As a rule, these are for 3 or more tenants who make up more than 1 household.
The Housing Act 1985 was a codified law. The definition of HMO in section 345 HA85 comes from section 129(1) of the Housing Act 1974. HMOs have been primarily defined by the Housing Act 1985 as “. a house inhabited by people who do not form a single household.” [4] The Local Government and Housing Act, 1989 extended the definition to any part of a building that: If a property meets the definition of a multi-occupancy house (HMO) for municipal tax purposes, the owner of the property remains liable at all times. The current definition is set out in the Council Tax (Liability of Owners) (Scotland) Amendment Regulations 2003: To ensure that we hold the right person responsible for the property, if a tenant or landlord believes that the property is an HMO, we will ask you to see the lease of the property. We will then decide who is responsible using the definition above. The definition includes married, unmarried and same-sex couples, as well as stepchildren and foster children, as well as blood relatives: parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews and nieces, but does not include cousins. [4] Although a person lives on a property during full-time or university studies, it is considered a “principal residence”. Many student rentals could therefore fall under the definition of an HMO. Scotland is a separate jurisdiction within the UK and all HMOs must be registered and comply with certain standards and obligations. [29] An HMO in Scotland is a property shared by three or more tenants who do not belong to the same family or household.
[30] The landlord must be “a suitable person” and there are annual inspections to inspect the property (2006 Act). [31] Homes and dormitories for students or nurses are considered HMOs in Scotland and the Scottish Government is considering expanding the definition of an HMO. [32] [33] At the end of March 2019, more than 15,600 licences were in force, 87% of which were in force in the four major cities and in the fife local authority (Aberdeen, Dundee, Edinburgh and Glasgow). Edinburgh accounts for almost two out of five HMO licenses in Scotland due to its higher rents, large student population, tourist rentals and young professionals who share. [34] Section 188.Section 166 contains definitions of terms used in this Part. An HMO licence is required for any residential dwelling that meets the definition of a “multi-occupancy house”. The criteria are as follows: It should be noted that the Commission`s definition of an HMO for tax purposes is different. For more information, see the HMO page of the housing tax. The definition of an HMO has its origins in fire safety legislation, following a series of preventable deaths published in overcrowded buildings.
The 1985 and 1989 Acts have since been replaced by the Housing Act 2004[6], which established a more comprehensive and complex definition[7] and also introduced the requirement that certain HMOs be subject to a compulsory licence (see below). If a resident landlord is not the owner of the property, this exemption does not apply and, therefore, only a maximum of two families can reside in total before the property falls under the HMO definition. [3] Prior to October 1, 2018, there was an additional criterion that the building had three or more storeys. [19] Owners of large HMOs must apply for a licence and comply with certain standards and obligations. [15] [20] Parents and children, including stepchildren and foster children 158.Section 130 requires the Authority to deny an application if the applicant or his or her representative is excluded by court order from holding an HMO licence or if the Authority considers that one of them is not suitable. The factors to be taken into account by the local authority in determining whether the applicant and representative are fit and appropriate are those set out in the Anti-Social Behaviour etc. (Scotland) Act 2004. If a candidate or representative is not an individual, these tests apply to any director, partner or other person involved in the administration of the corporation, trust or organization. A multi-occupant house (HMO) is a term that refers to all living spaces inhabited by 3 or more unrelated people as a single or main residence and that share a kitchen and/or bathroom.
Dormitories occupied by students during the semester period are still considered their main residence. There must be a kitchen and a bathroom, with enough hot and cold water that cannot be repaired if the Council, court or tribunal orders it To support work on an improved area, various legal requirements have been introduced in recent years, including: You must pay a fee set by the Council. A dwelling which is or could be occupied by persons who do not constitute a single household and which is occupied by one or more persons, each of whom: 175.Annex 5 contains the provisions relating to the execution of HMO approval notices. If the owner does not comply with the notification, the local authority can carry out the work and recover its costs. Before carrying out work on a listed building, the authority must consult the competent authorities. If the authority proposes to do the work but considers that this could endanger the occupants, it can force them to leave and, if necessary, obtain an eviction order. It is a criminal offence for anyone to travel to a country or site from which residents have had to travel.