1Item 7(5)

Report to the Executive for Decision
7 September 2009
Portfolio:
Subject:
Report of:
Strategy/Policy: / Community
Houses in Multiple Occupation (HMO) Standards
Director of Regulatory Services
Private Sector Housing Strategy
Corporate
Objective: / A safe and healthy place to live and work
Purpose:
The purpose of this report is to seek approval for new amenity and space standards for Houses in Multiple Occupation (HMOs) in the Borough of Fareham.
Executive summary:
The Housing Act 2004, which came into force on 6 April 2006, introduced radical reforms to private sector housing enforcement work including a mandatory scheme to licence certain high risk HMOs.
The term HMOs applies to a wide range of housing types, mainly in the private rented sector, that young, lower-income single people, including some particularly vulnerable and disadvantaged people, typically occupy. Physical and management standards are sometimes low. The risk of a fire in a HMO can be greater than in a property occupied by a single family.
The Housing Act 2004 introduced a new definition for HMOs. Basically, any house or flat which is let to three or more tenants who form two or more households and who share facilities, such as a kitchen or bathroom, can be defined as a HMO.
Various enforcement tools can be used whilst inspecting a HMO, including the new licensing system for HMOs of three or more storeys containing 5 or more tenants, the Housing Health and Safety Rating System, which was introduced by the Housing Act 2004 and other specific HMO management regulations that describe the duties of managers and tenants.
The Regulatory Services department regularly identifies and inspects HMOs in the Borough. Currently, there are 14 HMOs in the Borough, with around 26 more potential properties yet to be inspected that have arisen from a five yearly examination of the electoral roll.
Regulatory Services work in close partnership with Hampshire Fire and Rescue Service with all new HMOs being jointly inspected by both organisations and all inspections now being subject to a joint protocol signed by Fareham Borough Council, Gosport Borough Council and Hampshire Fire & Rescue Service.
Management regulations issued by the government in 2006 and 2007 have been acted upon by the Hampshire and Isle of Wight Housing Advisory Group to develop new amenity and space standards for HMOs. These relate to sanitary facilities, kitchen facilities, heating and ventilation and the size of bedrooms and common areas.
The Community Policy Development and Review Panel considered the amenity and space standards, attached as Appendices A and B, respectively,at its meeting on 1 July 2009 andagreed for them to be recommended to the Executive for approval.
Recommendation:
That the amenity and space standards for HMOs in the Borough,set out in this report at Appendices A and B, respectively,be approved.
Reason:
Regulatory Services have a mandatory duty to licence high risk HMOs in the Borough and should ensure that any HMO is of a good standard. Management regulations require certain sanitary and kitchen facilities in HMOs. The approved amenity and space standards will enable officers to specify exact requirements in respect of such facilities.
Cost of proposals:
None.

Appendices A:Amenity standards for HMOs in the Borough

B:Space standards for HMOs in the Borough

C:Risk Assessment

Background papers:

  • Report to the Community Review Panel - Housing Act 2004 - 28 June 2006;
  • Report to the Community Review Panel - Houses in Multiple Occupation (HMOs) - Fee Structure - 28 June 2006 ;
  • Report to the Executive for Decision - Houses in Multiple Occupation - Licensing Fees - 17 July 2006;
  • Report to the Community Review Panel - Houses in Multiple Occupation - Inspection Programme- 1 July 2009.
Executive Briefing Paper
Date: 7 September 2009
Subject: HMO Standards
Briefing by: Director of Regulatory Services
Portfolio: Community

Introduction

  1. The Housing Act 2004, which came into force on 6 April 2006, introduced radical reforms to private sector housing enforcement work including a mandatory scheme to licence certain high risk houses in multiple occupation (HMOs). Reports to the Community Review Panel on 28 June 2006, and more recently on 1 July 2009, described these changes and at a meeting of the Executive on 17 July 2006, a fee structure for the licences was approved.

DEFINITION OF A HOUSE IN MULTIPLE OCCUPATION (HMOs)

  1. The Housing Act 2004 introduced a new definition of HMOs as follows:-

(a)Any house or flat which is let to three or more tenants who form two or more households and who share a kitchen, bathroom or toilet;

(b)A house which contains one or more flats which are not wholly self contained and which is occupied by three or more tenants who form two or more households;

(c)A converted house which contains one or more flats which are not wholly self-contained and which is occupied by three or more tenants who form two or more households; or

(d)A building converted entirely into self contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short term tenancies.

  1. Certain types of properties are exempt from the definition and these include:-

(a)Two person house or flat share;

(b)A property occupied by the landlord (and their family) and two tenants;

(c)Buildings managed or controlled by a public body (such as the police or the NHS), a local housing authority or a registered social landlord;

(d)Buildings which are already regulated such as care homes, bail hostels etc.

LICENSING OF HOUSES IN MULTIPLE OCCUPATION (HMOs)

  1. Only those HMOs of at least three storeys and contain at least 5 tenants with some sharing of facilities, require a licence. It is an offence subject to a possible fine of up to £20,000, for any landlord to operate a licensable HMO without a licence. Notwithstanding the mandatory need for the Council to licence such HMOs, all HMOs require regular inspection by Regulatory Services to ensure that fire safety precautions are provided.
  2. The licence will specify the maximum number of people who may live in the HMO and it will include the following mandatory conditions:-

(a)A valid current gas safety certificate which is renewed annually must be provided;

(b)Proof that all electrical appliances and furniture are kept in a safe condition;

(c)Proof that all smoke alarms are correctly positioned and installed; and

(d)Each occupier must have a written statement of the terms on which they occupy the property, for example, a tenancy agreement.

HOUSING HEALTH & SAFETY RATING SYSTEM (HHSRS)

  1. In addition to the licensing regime, the Housing Act 2004 introduced the Housing Health & Safety Rating System (HHSRS) which replaced the former "Fitness for Human Habitation" test under the Housing Act 1985. It applies all residential accommodation including HMOs. HHSRSis concerned with avoiding or at least minimising, potential hazards in a building and it imposes duties on Councils to take action in the most serious of cases. Examples of the twenty nine hazards that are assessed include falls on the level, carbon monoxide, excess cold etc. HHSRS is used whilst inspecting HMOs and enforcement action can be taken as appropriate.

HMO MANAGEMENT REGULATIONS

  1. In addition to the licensing regime and HHSRS, management regulations also apply to HMOs, which impose duties on managers and tenants in respect to general standards of repair, contact details, means of escape in case of fire, heath and safety precautions, drainage and water supply, gas and electrical safety and refuse disposal. Failure to comply with a management regulation can result in a fine of up to £5000.

HMO INSPECTION PROGRAMME

  1. All known HMOs in the Borough are inspected on an annual basis by Regulatory Services. At present, there are 14 known HMOs and all are of a good standard. None of these properties are three or more storeys and therefore none are licensable. Only one licence has been issued by the Council but after the fire precautions were improved, the property reverted to owner occupation and therefore no longer required a licence.
  2. Since the late 1990s, the Department of Regulatory Services has undertaken three desk top studies using the electoral roll to identify potential HMOs in the Borough. The occupiers of properties on the electoral roll showing three or more surnames are asked to complete a questionnaire about their occupation. The most recent survey in October 2008 identified over 600 potential properties. Of these twenty six properties have been identified as potential HMOs requiring a visit; the latter are being undertaken in the next couple of months. Five of these are potential HMOs used by Southampton Solent University for students at their Warsash campus. The Council has assisted the University in compiling an application form for landlords to register with the Warsash campus and where approved, the University will advertise their property on their website. The Council also attended a landlords' forum organised by the University to provide technical advice on HMOs. Fire Safety Officers from Hampshire Fire & Rescue Service accompany Regulatory Services on the initial and now annual inspections of all HMOs.

AMENITY AND SPACE STANDARDS FOR HOUSES IN MULTIPLE OCCUPATION (HMOs)

  1. HMO regulations published in 2006 and 2007 require "an adequate number of bathrooms, toilets and wash hand basins suitable for personal washing of persons sharing those facilities" and there "must be a kitchen, suitably located in relation to the living accommodation and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to store, prepare and cook food". The standards in the 2006 regulations were opposed by numerous organisations as it required a wash hand basin in every bedroom in HMOs with 5 or more occupants. The 2007 regulations reduced this standard so that a wash hand basin in every room is desirable rather than a requirement.
  2. In response to these regulations, the Hampshire & Isle of Wight Housing Advisory Group developed specific amenity and space standards for all HMOs, which will ensure compliance with the regulations. These are attached as Appendices A and B, respectively. The Community Review Panel on 1 July 2009 had no objection to these standards and the Executive is asked to approve them for HMOs in the Borough of Fareham.

FIRE SAFETY GUIDANCE AND PROTOCOL

  1. In August 2008, LACORS (Local Authorities Coordinators of Regulatory Services) together with the CIEH (Chartered Institute of Environmental Health) and the Chief Fire Officers Association, developed a single piece of guidance on fire safety provisions in certain types of existing housing including HMOs. This guidance provides specific recommendations for enforcers, landlords and tenants, as to the standards required to make certain types of property safe from fire.
  2. The guidance also encourages local authorities and the relevant fire and rescue authority to sign a Fire Safety Protocol to establish a framework for joint working as there are certain areas of work where there is an overlap of authority eg common areas of HMOs such as a shared kitchen. Such a protocol was signed by Gosport Borough Council, Fareham Borough Council and Hampshire Fire & Rescue Service in January 2009.
  3. The protocol covers the following areas of responsibility:-

(a)The application of a common enforcement standard based on the LACORS guidance in respect of fire safety in HMOs;

(b)Relevant information exchange between authorities;

(c)To undertake joint inspection of newly identified HMOs to reduce the regulatory burden on landlords and tenants;

(d)To agree to undertake their duty as lead authority as per principles in the guidance and

(e)Joint inspections of known HMOs undertaken on an annual basis.

  1. Table 1 below lists the Authority that will normally take the lead inspecting and enforcing legislation in different types of properties:-

TABLE 1 - LEAD AUTHORITY IN RESPECT OF FIRE SAFETY IN HMOS AND OTHER DWELLINGS

TYPE OF PROPERTY / AUTHORITY
Single dwellings / Fareham Borough Council
All HMOs / Fareham Borough Council
All self contained flats / Fareham Borough Council
Premises with mixed commercial and associated residential accommodation / Hampshire Fire & Rescue Service
Sheltered accommodation / Hampshire Fire & Rescue Service
Hostels/B&Bs/Hotels / Hampshire Fire & Rescue Service
All multi occupied accommodation that is owned or managed by FBC / Hampshire Fire & Rescue Service
  1. Recent joint working includes a training session on the guidance; an additional question on the food safety inspection sheet relating to staff accommodationabove restaurants and take-aways; recent prohibition notices served by the fire safety officer on staff accommodation above take-aways; the Council taking the lead in the inspection of a converted block of flats where the number of tenanted as opposed to owner occupied flats is likely, in the near future, to be more than one-third of the total number of flats.
  2. There are plans for all local authorities in Hampshire to sign an overarching County wide protocol with Hampshire Fire & Rescue Service. This may occur in the next few months. The local protocol will simply be appended to the County wide protocol.

PROPOSAL

  1. The Executive is asked to approve the amenity and space standards shown in Appendices A and B,respectively,and agree that Regulatory Services continue to identify and inspect HMOs with regard to these amenity and space standards, the Housing Act 2004, including the Housing Health & Safety Rating System, relevant HMO management regulations, LACORS fire safety guidance and the locally signed fire safety protocol.

RISK ASSESSMENT

  1. An assessment of the risks and opportunities associated with this decision is attached at Appendix C.

ConclusioN

  1. Regulatory Services,by signing a fire safety protocol, will continue to work with Hampshire Fire & Rescue Service to ensure that HMOs in the Borough are of a good standard particularly in respect of fire safety. The amenity and space standards detailed in Appendix B and C respectively will also be used to ensure that good standards of accommodation are being provided and maintained in the private rented sector.

Reference Papers:

  • Housing Act 2004
  • Communities and Local Government - Housing Act 2004 Explanatory Notes 2006
  • Briefing note on the Housing Act 2004 for Strategic Housing November 2005
  • Communities and Local Government - A short guide to making your premises safe from fire
  • LACORS - Guidance on fire safety provisions for certain types of existing housing 2008
  • Communities and Local Government - Licensing of Houses in Multiple Occupation - A guide for tenants
  • Communities and Local Government - Licensing of Houses in Multiple Occupation - A guide for landlords and managers
  • Statutory Instrument 2006 No 372 - The Management of Houses in Multiple Occupation (England) Regulations 2006
  • HIOW Housing Advisory Group - Amenity and Space Standards for HMOs 2008
  • The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 No. 371
  • The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 No. 373
  • The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 No. 1903

Contact: Heather Cusack, Environmental Health Manager - Pollution/Private Sector Housing

E-mail – (Tel: 01329 822398) xco-090907-r10-hcu

1Item 7(5)

APPENDIX A

AMENITY STANDARDS FOR HOUSES IN MULTIPLE OCCUPATION IN THE BOROUGH OF FAREHAM - SEPTEMBER2009

BATHROOM FACILITIES
Where all or some of the units of living accommodation in an HMO do not contain bathing or toilet facilities for the exclusive use of each individual household:-
1 to 4 persons
At least one bathroom and one WC must be provided. Please note that the WC can be located within the bathroom.
A wash hand basin must be provided along with the WC.
5 persons
At least one bathroom AND one separate WC (with a wash hand basin) must be provided. Please note that if there are two bathrooms in the house and both have WCs (and wash hand basins) located within them this should be considered as satisfactory. In such circumstances, there would be no requirement for a separate WC.
PLUS
Where reasonably practicable, there must be a wash hand basin with appropriate splash back in each unit of accommodation.

6 to 10 persons

One wash hand basin with splash back must be provided within each sleeping room where reasonably practicable.
PLUS
At least two bathrooms AND two WCs (with wash hand basins) must be provided. Please note that one of the WCs can be contained within one of the bathrooms, the other WC (and wash hand basin) must be in a separate compartment.
11-15 persons.
One wash hand basin splash back must be provided within each sleeping room where reasonably practicable.
PLUS
At least three bathrooms AND three separate WCs (with wash hand basins) must be provided. Please note that two of the WCs can be contained within two of the bathrooms).

VENTILATION IN BATHROOM

  • Mechanical extraction capable of 15 litres/second

KITCHEN FACILITIES

BEDSIT TYPE OF LETTING WHERE KITCHEN FACILITIES ARE PROVIDED WITHIN THE LETTING ROOM AND ARE NOT SHARED WITH OTHER TENANTS. / SHARED HOUSE WHERE KITCHEN FACILITIES ARE SHARED WITH OTHER TENANTS.
PROVISION OF COOKERS
  • A suitably sited, “Baby Belling” type cooker (provided with 2 hotplates and a grill) is sufficient.
/
  • 1 standard sized cooker (provided with 4 hotplates and an oven) to be provided within the shared kitchen for every 5 persons occupying the property.
Note 1. The addition of a microwave oven within the kitchen would be sufficient to allow the cooking facilities to be used by an additional 2 persons. (In the case of smaller HMOs that would mean 7 persons).
If more than 7 persons share the cooking facilities then the addition of a microwave is not acceptable - a second cooker must be provided.
Note 2. Where the HMO includes households that consist of more than one person then the cooking facilities should be provided in the ratio of one standard sized cooker for every three lettings.
PROVISION OF SINKS
  • A single bowl sink and drainer would be sufficient.
Where a sink is provided within each letting then there would be no need to provide additional wash hand basins within the room (See bathroom standards). /
  • 1 single bowl sink and drainer to be provided within the shared kitchen for every 5 persons occupying the property.
Note that a dishwasher can be counted as an additional sink.
PROVISION OF ELECTRICAL SOCKETS
  • 2 double sockets must be provided within the kitchen area.
The above sockets would be in addition to any sockets used for the cooker, dishwasher, refrigerator/freezer or washing machine.
  • 2 double sockets must be provided elsewhere within the bedsit for non- kitchen appliances (e.g. TVs, table lighting etc).
/
  • 2 double sockets must be provided within the kitchen area for every 5 persons.
The above sockets would be in addition to any sockets used in the shared kitchen for the cooker, dishwasher, refrigerator/freezer, washing machine or microwave oven (if provided to supplement otherwise inadequate cooking facilities).
  • Elsewhere 2 double sockets must be provided within each habitable room of the property & 1 single socket on the landing and 1 single socket in the hallway.

PROVISION OF WORKTOPS
  • 1000 x 500 mms of worktop to be provided.
Please note that the sink/drainer do not qualify as worktop. /
  • 2000 x 500 mms of worktop to be provided for every 5 persons occupying the property.
Note. Should the number of persons be between 5 and 9 then allow 500mm worktop per additional person.
Please note that the sink/drainer do not qualify as worktop.

STORAGE IN THE KITCHEN

  • Cupboard space of a minimum capacity of 0.16m2 per person to be provided
/
  • Cupboard space of a minimum capacity of 0.16m2 per person to be provided

REFRIGERATED STORAGE

  • A “tabletop” refrigerator (approx 2 cu ft capacity) provided within the letting is sufficient.
/
  • A standard sized “under worktop” refrigerator (approx 5 cu ft capacity) to be provided in the kitchen for every 5 persons occupying the property.

MECHANICAL EXTRACTION IN KITCHEN

  • If positioned above hob, mechanical extraction capable of extracting at a rate of 30 litres/second.
  • If positioned elsewhere in the room, mechanical extraction capable of extracting at a rate of 60 litres/second.
/
  • If positioned above hob, mechanical extraction capable of at a rate of 30 litres/second.
  • If positioned elsewhere in the room, mechanical extraction capable extracting at a rate of 60 litres/second.

HEATING (THROUGHOUT PROPERTY)
  • Adequate controllableheating must be provided within the property. Must include fixed, wall-mounted heating (can be radiators or other suitable heaters) in the following locations:
  • Every bedroom, lounge, dining room or other habitable room.
  • Every bathroom
  • Every kitchen
  • Within general circulation areas (e.g. hallways, landings etc.
/
  • Adequate controllableheating must be provided within the property. Must include fixed, wall-mounted heating (can be radiators or other suitable heaters) in the following locations:
  • Every bedroom, lounge, dining room or other habitable room.
  • Every bathroom
  • Every kitchen
  • Within general circulation areas (e.g. hallways, landings etc.

These notes should be read in conjunction with Appendix B:-