When you need a HMO licence
You'll need a licence if you own or manage a property anywhere in Luton and it is occupied by five or more persons, forming two or more households who share common amenities like a bathroom or kitchen.
Operating an HMO without the proper licence is a criminal offence and carries an unlimited fine on summary conviction. In addition, tenants will be able to claim back a year’s worth of rent from you.
Landlords must apply for a HMO mandatory or additional licence.
HMO property types
HMO licensing will include the following types of accommodation.
Shared houses or flats
Likely occupiers are students or professionals as a group on one contract.
Bedsits or rooms rented out in houses
Likely occupiers are individuals with no connection to each other and the landlord rents each room separately; the tenant only has exclusive use of own room.
Hostels
Likely occupiers are vulnerable occupiers who may be in need of support to help them to live independently; often run by charities or some care providers
If you are a resident landlord
If you reside in the building with a maximum of two other persons it is not considered to be an HMO.
If you reside in the building with three other persons it will not require a licence but must still adhere to Luton Council’s HMO Standards and The Management of Houses in Multiple Occupation (England) Regulations 2006 (Management Regs).
If you reside in the building with four or more other persons it will be subject to mandatory licensing and you will need to apply for a licence. For the purpose of calculating the number of persons living in the HMO the resident landlord and his household are regarded as one person.
When you do not need a HMO licence
Where unrelated occupiers live with a family but as carers or nannies, for example foster children, step children, the following property types are excluded from needing an HMO licence:
- HMOs owned by housing associations
- HMOs that are excluded from the definition such as police colleges, university halls, religious communities
- HMOs where conditions are controlled by other regulators such as nursing or children’s homes
- Properties occupied by the resident landlord and a maximum of two other persons who are not part of his or her household Properties occupied by no more than two people
Properties operating as ‘Air BnB’ and Bed and Breakfast establishments etc, operating without the correct consents will be treated as HMOs.
Properties occupied by less than 5 people forming 2 or more households must still adhere to our HMO Standards and The Management of Houses in Multiple Occupation (England) Regulations 2006 (Management Regs).
Certain premises are exempt from the requirement to license only
The properties must still meet other repair and management standards if rented out. Exemptions include:
- premises managed or controlled by a local housing authority
- police authority
- metropolitan police authority
- fire and rescue authority
- social provider
- health service body
Housing associations and registered social landlords are exempt from the licensing scheme. Charities that provide residential accommodation are not exempt from requiring a licence however provisions within the Housing Act do allow us to review, on a case by case basis, whether they should be exempt from paying the fee.
Temporary exemption
You can apply for a temporary exemption from licensing, you have to satisfy us that you are taking particular steps to ensure that the building is, or will become, not subject to licensing. We do not have to grant the exemption.
This provision is not available for avoidance or evasion of licensing, since that would be contrary to the purpose of the Act. Landlords and managers, therefore, need to demonstrate to us that they are genuinely taking steps to ensure the building ceases to be licensable. Such steps could include entering into a contract for sale of the building with vacant possession.
Simply a proposal to or the act of, putting the property on the market for sale will not normally be sufficient for us to agree to issue a temporary exemption notice from licensing (TEN).