Factsheet 41 - Management of Houses in Multiple Occupation Regs 2006

    

Management of Houses in Multiple Occupation Regulations 2006

(Housing Act 2004)

Commencement:

The Regulations came into force on 6th April 2006.

Background:

The Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 372) replace earlier legislation which governed the management of Houses in Multiple Occupation (HMO) - the Housing (Management of Houses in Multiple Occupation) Regulations 1990.  These Regulations are probably one of the most significant parts of the HMO provisions in the Housing Act 2004 which will potentially affect many landlords (whereas mandatory licensing will, for the most part, only affect those landlords who own three storey buildings, and let to five or more people).  The Regulations are designed to ensure that:

  • that any part of the house occupied by a resident is kept in good repair;
  • that there are adequate facilities for the number of occupants;
  • that fire alarms, fire safety equipment is properly maintained and regularly checked;
  • that all means of escape from fire are kept free from obstruction

Unlike HMO licensing, these regulations apply to all houses in multiple occupation as defined by the Housing Act 2000.  Essentially, this means that any house containing a group of more than two people who share common facilities such as a kitchen and bathroom, and do not form a single family or household.  ‘Household' is defined in s.258 of the Act and essentially includes only people who are members of the same family (including blood relations), or people living together as man and wife (or in an equivalent relationship for persons of same sex).

Examples:

Three unrelated people sharing the same house - a HMO

An unmarried couple (living together) and a related child - not an HMO

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