Houses in multiple occupation (HMO)

HMO Licensing in Three Rivers

Under Part 2 of the Housing Act 2004, a House in Multiple Occupation (HMO) must be licensed if it is occupied by five or more people forming two or more separate households, and tenants share facilities such as a kitchen or bathroom. This is known as mandatory HMO licensing.

Operating a licensable HMO without a licence is a criminal offence and may result in prosecution and an unlimited fine, or a significant civil penalty. Breaching the conditions of a licence is also an offence and may lead to similar penalties, rent repayment orders, or the landlord being added to the Rogue Landlord Database.

How are HMO Licensing decisions made?

When a person applies for an HMO licence, the council is required to assess the application in strict accordance with the Housing Act 2004, particularly the requirements set out in Sections 64–68. The specific location of a HMO, or significant opposition to the HMO being granted a licence from residents within the locality is unable to be considered by the council, as these reasons for refusal are not listed within this legislation.

In Three Rivers, the decision to grant, refuse, or revoke an HMO licence is made by a designated officer under delegated authority, as set out in the council’s Constitution and Scheme of Delegation. This ensures that decisions are made efficiently, consistently, and in line with the council’s statutory obligations.

A licence will only be granted if the local authority is satisfied that:

1. The proposed licence holder is a “fit and proper person”– This includes consideration of:

• Any previous criminal convictions (particularly relating to violence, sexual offences, drugs or fraud)
• Past breaches of housing or landlord/tenant laws
• Previous involvement in unlawful discrimination
• Whether the landlord has previously failed to comply with housing legislation

2. The property is suitable for occupation by the number of people proposed, with reference to:

• Room sizes
• Number of bathrooms and kitchens
• Communal space and layout
• Fire safety

3. The management arrangements for the property are satisfactory. The applicant must demonstrate appropriate systems to deal with:

• Repairs and maintenance
• Tenant complaints
• Waste disposal
• Fire safety and emergency procedures

If the council is not satisfied on any of these grounds, we may refuse to grant a licence or impose specific conditions to address the shortcomings. If a licence is refused, the applicant will be notified in writing and may appeal the decision to the First-tier Property Tribunal.

HMO Standards

All HMOs in the Three Rivers, whether licensed or not, must meet minimum safety, management, and amenity standards. These include:

Fire Safety Compliance
HMOs must meet the fire safety measures detailed in the Hertfordshire Guide to Fire Safety in Houses in Multiple Occupation 2018 (PDF, 1.3 MB), including:

• Adequate smoke and heat detectors
• Fire doors
• Safe escape routes
• Emergency lighting (where required)

Management of HMOs
The Management of Houses in Multiple Occupation (England) Regulations 2006 apply to all HMOs and set out:

• Landlord responsibilities for maintaining communal areas, facilities, and structure
• Requirements to deal with waste and pest control
• Duty to provide information to occupiers

Amenity Standards (currently under review)
These include requirements for:

• Minimum room sizes
• Number of bathrooms and kitchen facilities relative to the number of occupiers
• Heating, ventilation, and lighting

HMO Public Register

We maintain a public register of all licensed HMOs in the Three Rivers as required by law:

Licensed HMO Public Register