Managing houses in multiple occupation (HMOs) comes with heightened legal responsibilities to ensure the safety of tenants and compliance with housing regulations.
HMOs inherently carry a higher risk due to the number of occupants sharing facilities, and the law recognises this by placing additional responsibilities on landlords.
Recent legal cases underscore the importance of these responsibilities. In Northampton, three landlords have been collectively fined £452,796 for operating a series of unlicensed and unsafe HMOs. Failures such as inadequate fire safety measures, lack of proper licensing, and poor property maintenance resulted in one landlord receiving a fine of £312,000. These cases highlight the severe financial and reputational risks of non-compliance and the determination of councils to enforce housing safety laws.
Gas and electrical safety
Landlords are required by law to ensure all gas appliances and flues are installed and maintained by a Gas Safe registered engineer.
Annual safety checks must be carried out, and tenants must receive a copy of the gas safety certificate either before moving in or within 28 days of the check. These measures are critical to prevent safety hazards.
Electrical safety is another key area where landlords must be diligent. The entire electrical system, including sockets, light fittings, and wiring, must be in good working order. Appliances provided by the landlord, such as refrigerators, kettles, or cookers, must meet safety standards and be regularly inspected.
Faulty electrical systems or appliances can lead to fires or electrocution, making this an area no landlord can afford to overlook. Engaging a qualified electrician for regular inspections and certifications ensures compliance and minimises the risk of costly and dangerous incidents.
Fire safety in HMOs
Fire safety is one of the most tightly regulated areas for HMO landlords.
The law mandates the installation of smoke alarms on every storey of the property and carbon monoxide alarms in any room containing a fixed combustion appliance (except gas cookers), such as boilers, stoves and warm air heaters. Landlords are responsible for repairing or replacing any smoke and carbon monoxide alarms once they are informed by their tenant.
Landlords must also ensure tenants always have unobstructed access to escape routes. This includes keeping communal areas clear of obstructions and regularly inspecting these routes to ensure they remain accessible.
Furniture and furnishings supplied by the landlord must meet fire safety standards, and in larger HMOs, additional measures are required. These include installing fire alarms and providing fire extinguishers.
Licensing and property maintenance
Operating an HMO without a proper licence is a serious offence. Licences ensure that properties meet safety, management, and occupancy standards, covering factors such as room sizes, fire precautions, and landlord suitability.
Property maintenance is equally important. Landlords must ensure the property is free from health hazards, such as damp, mould, or structural issues, that could endanger tenants’ health or safety. Regular inspections and prompt repairs demonstrate a commitment to providing a safe living environment and help landlords avoid legal action or penalties.
Practical steps to stay compliant
Landlords can stay compliant by:
- Understanding local licensing requirements and obtaining the necessary permits.
- Scheduling timely gas and electrical safety checks with qualified professionals.
- Educating tenants on safety procedures and encouraging them to report maintenance issues promptly.
A proactive approach helps landlords avoid penalties and ensures high standards of tenant care.
The importance of compliance
The Northampton case serves as a stark reminder that neglecting HMO responsibilities can result in devastating financial and reputational consequences. Running an HMO requires careful attention to safety, maintenance, and licensing, but with the right approach, landlords can provide high-quality housing while avoiding costly mistakes.
For personalised legal advice on managing HMOs or to ensure your property is fully compliant with housing laws, contact us today.
If you are a landlord running an HMO and would like legal advice, please contact Mandy Ng at mandy.ng@mackrell.com or on 0207 240 0521.
