The standard test
- The building consists of one or more units of living
accommodation not consisting of a self-contained flat,
- The occupants do not form a single household,
- It is the only or main residence of the occupiers,
- The only use of the accommodation is living accommodation,
- Rent or ‘service in kind’ is payable by at least one occupier,
and
- Two or more of the households share at least one of the basic
amenities. [link]
The self-contained flat test
- The accommodation is a self-contained flat, and
- Items (b) to (f) of the standard test apply.
The converted building test
- It is a converted building, (its former use is not specified,
but at least part of the building must be converted to
living accommodation)
- It contains one or more units of living accommodation not
consisting of a self-contained flat (but may also contain
self- contained flats),
- The occupants do not form a single household,
- It is the only or main residence of the occupiers,
- The only use of the accommodation is living accommodation,
and
- Rent or ‘service in kind’ is payable by at least one
occupier
- An HMO declaration is in force
- Where the local housing authority is satisfied that the
building is a HMO, it can serve a notice declaring the building
(or part) to be an HMO.
The building must pass one of the three tests, the occupation of
the living accommodation must constitute a significant part of that
accommodation. It is a converted block of flats to which section
257 (of the act) applies
The building must be converted into, and consist of,
self-contained flats.
The building was converted before 1992 and work did not comply
with the appropriate building standards, and still does
not comply with them.
Less than 2/3 of the self contained flats are owner occupied
(this includes leases of more than 21 years).
Definitions
The following definitions apply.
Persons not forming a single household
Persons are not considered to form a single household unless
they are all members of the same family or the main occupiers
employ others in specific jobs:
- Au Pair
- Carer
- Chauffeur
- Nanny
- Governess
- Gardener
- Nurse
- Maid
- Secretary or Personal Assistant
- Cook
- Cleaner
- Butler
Only or main residence
- A person’s residence while they are undertaking a full time
course of further or higher education
- A refuge
- A migrant or seasonal worker, where the accommodation forms
part of the ‘contract’ whilst employed in the UK, and the building
is provided by the employer of agent. Rent or other charges are not
considered.
- An asylum seeker or dependant who has been provided with
accommodation under the Asylum and Immigration Act 1999 and is
funded under the National Asylum Support Service.
Buildings that are not HMOs for the purposes of the Act
(Housing Act 2004, Schedule 14)
The following buildings are not considered to be HMOs for any
purpose other than the application of HHSRS
A building managed by:
- a local housing authority
- a Registered Social Landlord
- a Police Authority
- a Fire and Rescue Authority
- a Health Service Body
Buildings regulated by other Acts:
- Children’s Act 1989
- Prison Act 1952
- Nationality, Immigration and Asylum Act 2002
- The Secure Training Centre Rules 1998
- The Prison Rules 1999
- The Young Offender Institute Rules 2000
- The Detention Centre Rules 2001
- The Criminal Justice and Court Services Act 2000 (Approved
Premises) Regulations 2001
- The Care Homes Regulations 2001
- The Children’s Homes Regulations 2001
- The Residential Family Centres Regulations 2002
Buildings managed by educational establishments and occupied by
their students
Buildings occupied by religious communities whose principal
occupation is prayer, contemplation education or the relief of
suffering.
Buildings occupied by the owners:
- Either freehold, or leasehold for a term of
at least 21 years
- Members of the owner’s household
- No more than 2 persons other than the owner (and
household)
Any building occupied only by two persons
forming two households.
Basic amenities
- A toilet
- Personal washing facilities
- Cooking facilities