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Andrew Walker
Member - 6 posts
Section 5 of Schedule 9 of the new Housing Bill appears to exclude our halls of residence (be they tradtional or flats) from the definition of Houses of Multiple Occupation (HMO), if they are managed by the university.
We also have halls (and flats) that have been sold or leased to development companies who manage the physical aspects of the buildings (though the university acts as agents in terms of obtaining rent, cleaning, allocation of rooms, student discipline and the like).
Will these latter properties be HMOs under the Bill, or similarly excluded?
Many thanks,
Andrew Walker
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Clive Read
Member - 6 posts
Andrew
In order for the latter buildings not to be HMOs they have to satisfy one of the categories listed in Schedule 9 of the Housing Bill. Therefore, not only do they have to be occupied by full time students but, the person managing the premises either has to be the university itself or another specified body. Specified bodies are so specified by the Government making an Order designating the same. It is highly unlikely they would include individual landlords who privately manage such premises; but it might possibly extend to some of the larger managers who establish a proven track record in student accommodation(but only after some intense lobbying). Until such a body were to be so specified the buildings which were shown to be an HMO (see clause 191 of the Bill)would then be the subject of licensing regimes, even if they were still occupied by students.
However, if such buildings were managed by a registered social landlord that would be okay because you'd fall within the para 3 exemption set out in Schedule 9. If such buildings were only occupied by 2 persons forming different households, that would fall within the para 8 exemption.
For completeness, you should also be aware that just because a building is not an HMO as defined by cl 191, or is not an HMO because of a Sch 9 exemption, it will still be caught by the provisions of Part 1 of the Bill. This is designed to ensure that all residential properties satisfy minimum standards. As a property owner you will need to ensure that your own properties are adequately maintained and I am sure you will be concerned that those properties in which students live are also satisfactory. The local authorities are to be given powers to take action if they identify category 1 or 2 hazards. Those powers are broadly in line with what was previously in the 1985 Act eg - a power of insepction and also the ability to serve a variety of notices/orders - improvement notices, prohibition orders, hazard awareness notices (and even demolition orders and slum clearance orders).
I hope this helps clarify the position. Please contact me if you require any further information.
Regards
Clive Read
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