HOUSE OF MULTIPLE OCCUPANCY INVESTIGATIONS
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What is a house of multiple occupancy?
A house of multiple occupancy is a rental property (usually a house or flat) in which there are:
- Three or more tenants living there, forming more than one household
- Shared facilities between these tenants, such as kitchens, bathrooms, and toilets
HMOs are usually large houses in which tenants rent their bedrooms, and share the common areas listed above.
HOUSE OF MULTIPLE OCCUPANCY INVESTIGATIONS
Unfortunately, cases of rogue landlords overfilling their rental accommodation for higher rent return are not uncommon.
If you think you know of a House of Multiple Occupancy and the landlord does not have the relevant licence or is letting the property out illegally, we can help by obtaining the necessary evidence.
Landlords must adhere to different laws and regulations if they are renting out a house of multiple occupancy rather than renting a property out to a household. This is to ensure that people living within a House of Multiple Occupancy are afforded the same rights as people in rented households with added stipulations relating to shared areas.
This includes things such as the overall condition of the property, how clean the common areas are, the quality of the facilities, and the level of fire safety within the property amongst other things.
HMOs and the law
Private landlords, letting agents, and property managers are required to be legally licenced under the Housing Act 2004 if they rent out HMOs. They’re legally liable if the property is not properly licensed. There are also some crucial rules around HMOs that both landlords and tenants should be aware of. These include:
- Landlords of HMO properties need to seek a licence from their local council if 5 or more people are living within one property and they make up more than 1 household
- In the case of many UK councils, all HMO landlords need to get a licence even if less than 5 people live there; each HMO landlord should check with their local council
- If a landlord should possess a licence but doesn’t, this is house of multiple occupancy fraud, and they may not be able to evict tenants, and those tenants could also apply to get their rent back
- HMO rules apply to student houses, even if the tenants act like one household and/or have a joint tenancy, unless they are owned by the university; universities are exempt from HMO rules
- HMO licences are given to a landlord once they’ve checked that the home meets HMO criteria, and that it is properly managed; to not seek a licence when you should is HMO fraud
- HMO licences do not apply to homes rented out by the council, the health service, housing associations, cooperatives, or the police force or fire authority
- Landlords of HMOs must fulfil landlord repair obligations, check electrics every five years, and ensure that a gas safety check is carried out annually if applicable
- Landlords of HMOs of five or more people should ensure that there are enough facilities for all tenants to use (including bins), that these facilities are clean and in working order, and that the property is not overcrowded
COMMON HOUSE OF MULTIPLE OCCUPANCY ISSUES
Time and again throughout our house of multiple occupancy investigations, we come across the following issues with houses of multiple occupancy:
Poor conditions
Damp, mould, and cold are examples of poor conditions that you may find in an HMO. These could be caused by inadequate glazing, insulation, or rendering.
Overcrowding
Whilst an HMO contains multiple people by very definition, it cannot become overcrowded; a landlord allowing this to happen is committing an offence. A HMO is considered overcrowded if a person aged 13 or older must sleep in the same room as either any person of the opposite sex who is also over 13, or a couple. It is also overcrowded if the space requirements for safe sleeping, set by the UK Government, are not adhered to.
Hazards
If a risk of harm is present because of unsafe elements within an HMO, these are classed as a hazard. Anything from faulty electrics and smoke alarms that don’t work to locks that stick and uneven flooring can present a hazard, and it’s the landlord’s responsibility to rectify these hazards as a matter of urgency, or risk their HMO licence.
House of multiple occupation investigations
Bringing down a rogue landlord running HMOs that breach their licence, or one that doesn’t have a licence at all when they should, is reliant on cold hard evidence. Obtaining that evidence should be left to the professionals, and it’s a service we’re proud to offer here at UKPI. We can investigate a landlord who you believe to be breaking the law, and provide you with the proof you need to report them successfully.
Why hire UKPI?
Housing is a basic need, and those exploiting that should face the legal consequences; this we feel very strongly. At UKPI, we use over 25 years of experience to carry out investigations on HMO landlords that are both discreet and thorough, a service we offer to both tenants who believe they’re living in an illegal HMO, and councils looking to weed out rogue landlords in their area.
FREQUENTLY ASKED QUESTIONS
UKPI can investigate both safety and occupancy issues, which include compliance with fire safety regulations, electrical and gas safety, cleanliness, structural integrity, overcrowding, and, of course, proper documentation for licensing.
Our investigators will usually visit the property to inspect based around the concerns raised, and gather evidence, including both photos and written reports. We may also interview tenants and gather statements if necessary, following all legal guidelines to ensure our investigation is professional and discreet
An HMO investigation performed by UKPI can help tenants move towards living in a safe, legally compliant property. It can provide them with the evidence required for necessary improvements to be made, such as safety upgrades or repairs.
Councils receive a detailed report on the property from UKPI, highlighting any issues that violate HMO regulations. This information is crucial for taking action, such as issuing fines, enforcing repairs, or revoking a landlord’s HMO licence if necessary.
As a member of the ICO, UKPI adheres to strict confidentiality policies and privacy laws. Any information collected during the investigation is shared only with authorised parties, and tenant identities are protected wherever possible.
If our investigation uncovers serious legal violations, then yes, councils could use the report to take enforcement action against the landlord. This could take the form of warnings, fines, or in extreme cases, legal proceedings.
The cost of an HMO investigation carried out by UKPI will vary; there’s the size of the property, scope of the investigation, and any specific requirements from the tenant or council to consider. Rest assured you’ll receive a detailed and tailored quote from us based on your case after our initial consultation.
Again this varies; the duration depends on the property size and complexity of the investigation. A basic investigation could take 1-2 days, for example, with additional time for report preparation. More complex cases may require several days to a week. Don’t worry, you’ll get an estimated timeline after our initial consultation.
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