Guidance notes for HMO Licence Applications

Housing Act 2004, part 2, The Licensing of Houses in Multiple Occupation. (Mandatory Conditions of Licences) (England) Regulations 2018

It is important that you fill the Houses in Multiple Occupation form in correctly and completely as failure to do so may result in processing delays and you may incur further charges.

Please read all the guidance notes carefully and do not hesitate to contact the Housing Standards Team on 01772 906907 or email - hmolicensing@preston.gov.uk, if you have any queries.

Part 1 - The proposed licence holder

The proposed licence holder must be an individual. If a company applies to be a licence holder, one person must be nominated to hold the licence for that company.

The proposed holder must be the most appropriate person to be the licence holder. This is usually the owner or landlord of the property, but in some circumstances this may not be appropriate.

The proposed licence holder should demonstrate that satisfactory arrangements for the management of the house are in place. Previous failures of management which have resulted in enforcement action by the council may preclude the applicant from holding a licence.

If the owner has nominated a manager or managing agent to be the proposed licence holder, they must have the power to:

Collect rental income
Let and terminate tenancies
Access all parts of the property
Authorise repairs and maintenance to the property

Part 1.1 - Postal address

Please complete this section with the full postal address of the property that requires a licence.

1.2 - Details of storey's in the property

Please indicate how many floors your property has by marking Yes or No in the first column under 'Does the property contain the following floors?' In the second column indicate whether each floor is available for residential use.

Please note: a floor can be classed as 'available for residential use' even if it is not currently occupied as such. In the large box please describe the usage of any floor that is not available for residential use, i.e. storage, commercial use.

1.3 - Details of internal fixtures in the property

This section is used to describe the internal fixtures of the property and the number of households using the accommodation.

Definitions

Letting unit - part of a HMO to be used exclusively by one household and consisting of one or more habitable rooms.

Habitable room - any room used or intended to be used for sleeping, living or eating purposes. Bath or toilet facilities, kitchens, service areas, corridors, landings, hallways and utility rooms are excluded.

Bathroom/shower rooms - this includes en-suite fixtures.

Wash hand basins - this includes en-suite fixtures.

Kitchens - total number of kitchens in the property available for use by residents. This should include kitchens located within bedsit facilities.

Household - for the purposes of HMO licensing, a household comprises any occupants who are members of the same family living together including couples (whether they are married or not), immediate relatives, half-relatives or step-relatives, and adopted or fostered children.

People - this includes children and babies.

1.5 - Fire safety

The following guidance documents will aid your management and assessment of your property.

LACoR'S is the former name of the Local Government Regulation Preston City Council abides by. The guidance given in the GOV.UK - Fire Safety Risk Assessment Sleeping Accommodation Guide.

We will also use current British or European standards when assessing the adequacy of the fire precautions in these types of premises. Alongside the Legislation.gov - Housing Act 2004, the Legislation.gov - Regulatory Reform (Fire Safety) Order 2005 introduced duties in relation to fire safety in common areas of HMOs.

It is for the above regulation and guidance that the requirement of a written Fire Risk Assessment is made. The significant findings of the Fire Risk Assessment will allow you to estimate the suitability and sufficiency of your fire precautions in your premises. To aid your assessment of your premises, use the Yes or No boxes to indicate the features of your fire safety system, giving details of when it was last inspected and by whom.

Please enclose a copy of the certificate when you submit your completed application form.

1.6 - Emergency lighting

Please give details of your emergency lighting system. You will need to provide a certificate along with the name and address of the contractor, together with dates for installation and the last inspection.

1.7 - Main escape route

Please indicate using the Yes or No boxes whether the main escape route from the property in the event of a fire is:

a) Protected by self-closing fire resisting doors that meet with FD30 standard. They must resist the passage of fire and smoke for a minimum of 30 minutes. Guidance may be found in BS 8214:2008.

b) Clear of any obstacles and combustible materials, for example, waste material, furniture, bicycles.

1.8 - Gas installations and appliances

Gas appliances include gas fires, gas cookers and gas boilers/water heaters.

Gas installations are the pipe works, meter and fittings. Installations and appliances should be maintained in a safe condition and in accordance with the Legislation.gov - Gas Safety (Installation and Use) Regulations 1998.

You will need to send a copy of the gas safety certificate provided by your Gas Safe registered engineer.

1.9 - Electrical installations and fittings

Ensure that the electrical installation in the premises is checked and tested by a competent person and carry out any necessary repairs and modifications in accordance with the requirements of the current Wikipedia.org - IET Regulations.

Please fill in the name and address of the contractor who last checked the electrical safety of the property and enclose a copy of the periodic electrical safety certificate.

Note: a competent person is a person suitably trained and experienced so to be able to properly examine, test and undertake any remedial action and to present the information in a report.

1.10 - Portable electrical appliances (PAT)

If you supply any portable electrical appliances, for example kettle, vacuum cleaner, for use by tenants, they must be tested by a qualified contractor and given a PAT (Portable Appliance Test) safety certificate.

Please enclose a copy of the certificate with your completed application form.

1.11 - Furniture and soft furnishings

If you provide any soft furnishings such as beds, sofas, armchairs, etc. then you must ensure that they conform to the FireSafe.org - Fire Safety Regulations (Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1989, 1993 and 2010).

You may be asked to provide supporting evidence, for example, in the form of receipts that show when the furniture was purchased or by displaying a label to show it complies with Fire Safety Regulations. The regulations set levels of fire resistance for domestic upholstered furniture.

All new and second-hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950.

Most furniture will have a manufacturer's label on it explaining if it meets the requirements.

Further guidance is contained in the booklet A Guide to the Furniture and Furnishings (Fire Safety) Regulations.

1.12 - Fire plan/policy

Managing fire safety

Good management of fire safety in your premises is essential to ensure that any fire safety matters that arise are always effectively addressed.

In small premises this can be achieved by the landlord or owner maintaining and planning fire safety in conjunction with general health and safety. You should have a plan of action to bring together all features you have evaluated and noted from your fire risk assessment so that you can logically plan what needs to be done.

It should not be confused with the emergency plan, which is a statement of what you will do, or expect tenants to do, if there is a fire.

The plan of action should include what you intend to do to reduce the hazards and risks you have identified and to implement the necessary protection measures. You will need to prioritise these actions to ensure that any findings which identify people in immediate danger are dealt with straightaway.

1.13 - Tenancy arrangements

Please indicate whether you provide your tenants with a written tenancy agreement. If you do then please enclose a sample copy with your completed application form.

1.14 - Anti-social behaviour

Please provide a brief description of any steps you take to prevent tenants or visitors to the property exhibiting anti-social behaviour in or around your property.

This might include any action you have taken in the past or may be a clause in your tenancy agreement.

Part 2 - Details about the applicant(s) and manager(s)

2.1 - Give details of the proposed applicant.

Note: wherever possible please provide an email address.

For further guidance about the proposed applicant please refer to part 1.

2.2 - The details of the person who is named as the 'Proposed Licence Holder' should be entered here. The proposed licence holder must provide a GOV.UK - Disclosure and Barring Service (DBS) certificate dated within the last twenty eight (28) days.

2.3a and b - If the person who is managing the property is not the person named in section 2.1 or 2.2 then you must complete their details in this section. This could be a managing agent or someone who deals with the property on a day to day basis but may not collect rent.

2.4 - If the person controlling the house is not the proposed licence holder then they must provide their details here. For instance this may be the legal owner/freeholder of the property. In circumstances where the owner/freeholder has leased the property to another person or company, the leaseholder will become the person having control of the property.

2.5 - If the proposed licence holder is also the licence holder for any other properties then the details of the premises must be listed here.

Part 3 - Informing others about this application

This section lists the other interested parties who must be informed about your application for a licence on this property.

The names and contact details of anyone you have informed of your application should be indicated in the section provided. Examples of notices you may use for this purpose can be downloaded below:

(a) Sample Licence Notice - Relevant Persons (PDF, 8 KB)

(b) Sample Licence Notice - Tenants (PDF, 8 KB)

Part 4 - Declaration

All persons detailed in 2.1 to 2.6 on the application form must sign and date this section. This confirms that all information given is correct.

Please note: it is a criminal offence to give false or misleading information on this application form.

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