HMO (Houses in Multiple Occupation) and other local authority licensing
4.1 Members must be able to demonstrate that they have satisfied themselves whether any form of local authority property licensing applies to any developments that they are operating.
4.2 Where HMO mandatory licensing applies (under Part 2 of the Housing Act 2004); additional/selective licensing schemes are in operation in the area in which a building is located; or other legislation in respect of licensing applies, Members shall ensure that:
they have the appropriate licence or have made application for one; and
those properties meet or will comply with licence conditions within timescales specified on each licence.
4.3 Where a third party is responsible for obtaining an HMO licence, Members must check whether this party has applied for or is in possession of a licence.
Changes of operational management
4.4 Occupants will be informed of any changes of operational management within five days and provided with an explanation of any operational changes and what this may mean for them. A copy of the occupant correspondence will be supplied electronically to the NCA at the same time as it is issued to occupants.
Ensuring possession and determination of tenancy
4.5 Members will take all appropriate and lawful measures to obtain vacant possession of a property at the end of a contracted period or after a tenant has been given notice (see 4.6 below) so that the accommodation is available for any intended incoming occupant. Where vacant possession cannot be obtained in time members will take all reasonable steps to mitigate any delay or hardship that may be caused to prospective occupants.
4.6 Members will ensure that each occupancy agreement they enter into for a common law tenancy will contain an option for the occupant to end the tenancy if the occupant has withdrawn from or been excluded from or refused admission to their institution of study or if the occupant has been absent from their course for more than 60 days due to illness and has agreed with their higher education (HE) provider to suspend their studies. The only conditions that may be attached to such options are:
the tenant must give at least 4 weeks’ written notice to the Member.
the notice must state the tenant’s intended date of departure.
the tenant is required, at the time of providing the written notice to give evidence which is reasonably satisfactory to the Member of the tenant’s non-student status or their suspension from their studies due to illness (normally a confirming letter from the educational institution).
the tenant must move out of the accommodation on or before the departure date stated in the notice.
If a tenant attempts to exercise an option to terminate the Member must inform the tenant as soon as the Member becomes aware of any defect in the notice or evidence and give the tenant a reasonable opportunity to correct it.
Members are free to market the room once the determination of tenancy has been accepted.
Death of an occupant or future occupant
4.7 If a person dies at a time when they have a contract to occupy accommodation, the Member will:
Treat the deceased’s obligations under the occupancy agreement as ending on the date of death.
Agree that the obligations of any guarantor of the deceased’s obligations will end on the date of death.
Not pursue any liabilities under the occupancy agreement that accrued before but remain unpaid at the date of death.
Refund (apportioned on a daily basis) any rent or fee paid by the deceased in advance in respect of a period after the date of death.
4.8 The Member will also contact the deceased’s next of kin, nominated contact, executor or personal representative and offer them the opportunity to collect the deceased’s personal effects in the first instance. Where they decline to do so, they should be able to give the provider the authority to either remove and store the effects OR to dispose of them.
4.9 Where the deceased was party to a joint tenancy or licence agreement in a shared or twin room then the Member agrees:
to offer to relocate the co-occupier if possible.
to offer to end the occupancy agreement, whether or not relocation is possible.
to reduce the liabilities under the agreement by a proportionate amount so that the co-occupier is in no worse position financially than if the death had not occurred.
4.10 In respect of any tenancy deposit protected in an authorised tenancy deposit protection scheme, the Member will notify the scheme administrator that the deposit may be released to the deceased’s next of kin or personal representatives.
Access
4.11 Where access is required for routine inspections, Members will give each occupant at least 24 hours’ notice of the date, time and purpose of the visit.
4.12 Where access is required to an occupant’s room or communal areas for other purposes, Members will give each affected occupant 24 hours’ notice of the date, time, estimated duration and purpose of the visit, except in cases where emergency access is necessary.
4.13 Where a regular cleaning service is provided, there is no need for Members to give 24 hours’ notice, so long as cleaning staff access the occupant’s premises in line with information given to occupants at the start of the occupancy agreement.
4.14 Where practical, Members will arrange to escort contractors and their subcontractors onto and off the site to make sure that access is properly ordered and that the works are not unduly disruptive to occupants. Contractors should not enter a study/bedroom or a studio flat against occupants’ wishes other than in an emergency.
Fines
4.15 Members shall ensure that occupants are not subject to any internal fining system within their occupancy arrangements. Members shall deduct the costs of any damage caused by occupants from any deposit held or by other means sanctioned by law. Under no circumstances will Members interrupt services provided to occupants in consequence of arrears or debt.
Repairs and maintenance
4.16 Members will maintain the development in accordance with all statutory and local housing authority regulations relating to houses in multiple occupation and/or purpose-built developments.
4.17 Members shall give occupants information on how to report any repair/maintenance issues and to whom these should be addressed.
4.18 Members will ensure that any repair works required meet the following performance standards:
Priority 1 – emergency repairs – should be completed within 24 hours of the report of a defect. These include:
Any repairs required to avoid a danger to health; and
Any repairs that pose a risk to the safety of occupants or serious damage to buildings or occupants’ belongings.
Priority 2 – urgent repairs – should be completed within five days of the report of a defect. These include:
Any repairs that materially affect the comfort or convenience of the occupants; and
repairs required in any rooms adapted for students with disabilities.
Priority 3 – non-urgent repairs – should be completed within 28 days of the report of a defect. These are any repairs that do not fall within the above categories.
4.19 Members will take reasonable steps to comply with the Governments guidance Understanding and addressing the health risks of damp and mould in the home
4.20 Members will record instances in which reported repairs are not completed within the target timescales, and review on an annual basis.
4.21 Where it is necessary for significant repair work to be undertaken after an occupant has taken up residence, the member will offer to provide suitable alternative accommodation.
4.22 Where an occupant turns down an offer made by a Member for suitable alternative accommodation ahead of significant repair works, no compensation will be payable to the occupant from the date of the offer.
4.23 Members will carry out maintenance and servicing programmes in a planned and cyclical manner and with due regard to the convenience of occupants. Members will give at least 24 hours’ notice of these works.
4.24 Where a dispute arises between the building manager and an occupant(s) about when a repair was reported, the date on which the repair was reported to the manager in writing will be the accepted date.
4.25 Members will manage contractors to ensure that:
Once all works have been completed, contractors remove all redundant materials and debris from site within a reasonable timescale; and
Contractor workers behave in a professional and courteous manner at all times.
Cleaning and maintenance of communal areas
4.26 Members will provide occupants with full details of the times for cleaning and maintaining communal areas. These details will be conveyed either through written communications with occupants or via postings on appropriate notice boards within the development.
Furniture and storage space
4.27 Members will ensure that all study bedrooms contain:
a bed
adequate clothes storage space
a desk
a chair
curtains/window blinds which are hung properly.
4.28 Members will ensure that all furnishings and furniture provided:
Are clean and in reasonable condition at the start of the occupancy agreement; and
Comply with the relevant fire safety legislative requirements relating to furniture and furnishings – Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended in 1989, 1993 and 2010).
Kitchen facilities
Members will ensure that:
4.29 All kitchen facilities are designed and installed with due regard to safety.
4.30 Food storage and preparation facilities are provided, having regard to any guidance applicable to developments of this type, as issued by the local authority.
4.31 Kitchens have an adequate number of appropriately positioned plug sockets; and
4.32 Kitchens are sited on the same level as the sleeping accommodation or have an adjacent dining or communal space where occupants can eat at a table.
Toilet and personal washing facilities
Members will ensure that:
4.33 Suitable and adequate WC, bath and/or shower facilities are provided, having regard to any guidance applicable to developments of this type, as issued by the local authority.
4.34 All WCs situated in occupants’ rooms are properly compartmentalised, with adequate provision of natural or mechanical ventilation; and
4.35 Any en-suite facilities are accessible without recourse to any corridor or passageway used by other occupants.
Laundry facilities
4.36 Members will provide facilities for the washing and drying of clothes. Where a launderette is provided, the ratio of washer/dryers to occupants shall be no greater than 1:75. Machines should be kept in reasonable working order and the launderette kept clean and tidy.
4.37 Where a launderette is provided, Members will display:
Details of the organisation responsible for the management and ownership of the launderette.
Information on how to report repairs; and
Details of opening times, if the facility is not accessible 24 hours a day.
Mail deliveries and parcels
4.38 Members will make occupants aware of procedures for the distribution of incoming mail and where it can be collected from. Occupants must be able to get into their mailbox from a secure area, preferably accessible from within the building.
4.39 Where mail is not delivered through a letterbox into the room or flat of occupancy, Members will arrange for mail to be delivered in conveniently located, lockable, secure mailboxes.
4.40 Where the manager of a building is responsible for the distribution of mail, they will ensure that:
it is delivered to occupants on all normal Monday to Friday working days.
it is delivered within 24 hours of it arriving at the building; and
mail received over public holidays and weekends will be delivered no later than 24 hours after the next normal working day.
4.41 Members will notify occupants of any mail forwarding arrangements not less than 14 days before the end of any occupancy agreement. Where the manager of a building does not agree to forward mail, this must be made clear to occupants in advance. Where no forwarding service is offered, managers must return undelivered mail to the sender with the notification ‘gone away’ on each item.
4.42 Managers of buildings are not required to take delivery of parcels and larger items of mail or store them, and this should be made clear to occupants when they sign their occupancy agreements. Members must make arrangements for deliverers to enter the site to leave information about any non-delivery, so that occupants can either arrange a collection themselves or arrange a delivery when they can collect the item(s).
Where parcels are accepted:
managers must notify occupants within the timescales in Clause 4.30 when they have an item available for collection
wherever possible, building managers should make provision for the temporary secure storage of a reasonable number of reasonably sized parcels for collection by occupants.