Mandatory Conditions

  1. Where there is a gas supply, a safety certificate must be presented annually to the local authority.
  2. Any electrical appliances and furniture supplied by the landlord must be maintained in a safe condition.
  3. Smoke alarms must be provided for each storey of the property containing living accommodation and kept in working order.
  4. A carbon monoxide alarm must be installed and ‘kept in working order’ in every room used as ‘living accommodation’ where a solid fuel burning combustion appliance is used.
  5. When demanded by the local authority, the landlord must provide a declaration of compliance to 1-4 above.
  6. The landlord must provide each occupant with a written statement of the terms of occupancy.

New 1st October 2018 Conditions:

Licences must include new sleeping accommodation conditions, relating to minimum sleeping room sizes and maximum occupancy of those rooms.

The minimum sleeping room sizes are:

  • one person aged over 10 years – not less than 6.51 square metres;
  • two persons aged over 10 years – not less than 10.22 square metres; and
  • one person aged under 10 years – not less than 4.64 square metres.

The licence holder will have a duty to report to the local authority their own non-compliance to any of the conditions outlined above .

The licence holder will also need to comply with any applicable waste disposal scheme nominated by the local authority.

More information on Exeter City Council’s standards can be found here.

New Licences after 1st October 2018. Landlords must be given up to 18 months to comply with minimum size requirement. This means Landlords have until 1st April 2020 to make necessary alterations. There can be no revocation of the licence, no offence will be committed and no financial penalty can be imposed in respect of the breach during this period.

Mandatory after 1st October 2018. The scope of mandatory licensing was widened by the removal of the ‘three-storey’ requirement. The changes are subject to transitional provisions. Mandatory licensing therefore extends to HMOs occupied by five or more persons who together do not form a single household, regardless of the number of storeys. The HMO must also satisfy the standard test, the converted building test, or the self-contained flat test.

To be a HMO, the standard test requires all of the following to be met:

  1. The property to consists of one or more units of living accommodation not consisting of a self-contained flat or flats.
  2. The living accommodation is occupied by more than one household.
  3. The living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it.
  4. Their occupation of the living accommodation constitutes the only use of that accommodation.
  5. Rent is payable, or other consideration is provided, for at least one of the people occupying the living accommodation.
  6. Two or more of the households who occupy the living accommodation share one or more basic amenities, or the living accommodation is lacking in one or more basic amenities. Basic amenities are defined as a bathroom, toilet or cooking facilities.

The degree of sharing is not relevant and there is no requirement that all the households share those amenities.

The building can be converted or purpose-built. For example, the standard test might be satisfied where there is a house shared by a group of friends, students, or individuals unknown to each other where there is some sharing of amenities or an amenity is lacking, or in a bedsit arrangement.

A HMO does not have to be the entire building. It can be a partial.