HMO Management Regulations

The HMO management regs are the daily operating rules for HMOs: they apply whether or not you need a licence, and councils can fine you for each breach separately.

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1. What the Management Regulations cover and who they apply to

Law:

• Management of Houses in Multiple Occupation (England) Regulations 2006.
• Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 (extends similar duties to some converted blocks).

Key points:

• Apply to all HMOs in England, licensed or not (except most s257 converted blocks, which use the 2007 regs).
• Duties fall on the "manager" of the HMO (often you as landlord, or your agent if they genuinely manage).
• Breach of any duty is a criminal offence, with unlimited fines and/or civil penalties per breach.

2. Core duties under the 2006 Management Regulations

From the 2006 regs (reg 3-9):

Provide manager information (reg 3)

• Give every occupier the name, address and phone number of the manager.
• Display these details in a prominent position in the HMO (communal hallway notice).

General safety (reg 4)

• Take all reasonable steps to protect occupiers from injury, including from the structure, installations and appliances in common parts.

Water supply and drainage (reg 5)

• Keep water supply and drainage in good, clean condition and uninterrupted, except for temporary repairs.
• Protect tanks/cisterns from contamination.

Gas and electricity (reg 6)

• Keep gas and electrical supplies safe and in good repair.
• On request by the council, provide:
• Gas safety certificate (CP12).
• Evidence of electrical safety (EICR) within 7 days.

Common parts, fixtures, fittings and appliances (reg 7)

• Keep common parts (stairs, halls, landings, kitchens, bathrooms, yards, gardens) in good and clean decorative order, in good repair, and free from obstructions.
• Keep handrails, bannisters, windows, lighting, flooring etc. in good repair and working order.
• Keep all shared appliances (cookers, fridges, boilers) in good repair and clean.

Living accommodation (reg 8)

Each unit of living accommodation (bedrooms, bedsits) must be kept:

• In good repair.
• Clean, with internal structure (walls, ceilings, floors, doors, windows) sound and well-maintained.
• With supplied appliances and fixtures in proper working order.

Waste disposal (reg 9)

• Provide and maintain adequate bins for refuse.
• Ensure disposal arrangements so waste does not accumulate; co-ordinate with council collections.

There are also duties on occupiers (reg 10): not to damage fixtures, to comply with fire safety instructions, and to dispose of litter properly, but you are expected to enforce these via management.

3. Fire safety, room sizes, kitchens and bathrooms

Fire safety (under the regs + licence + HHSRS)

• Ensure means of escape are kept clear and in good repair.
• Ensure fire alarm and detection systems and any fire-fighting equipment provided are kept in proper working order.
• Maintain fire doors, self-closers, emergency lighting where required.

Minimum room sizes (statutory for licensed HMOs, used as a benchmark for all)

Under the Licensing of HMOs (Mandatory Conditions) (England) Regulations 2018:

• One adult (10+): 6.51 sq m minimum.
• Two adults (10+) sharing: 10.22 sq m minimum.
• One child under 10: 4.64 sq m.

If a room is below these figures it cannot be used as sleeping accommodation for that occupancy. Licences must include conditions enforcing this.

Kitchen facilities (typical national/LACORS pattern)

Rough rule of thumb for shared HMOs: one full set of kitchen facilities per 5 occupiers:

• Cooker with 4 rings and oven.
• Sink with drainer and adequate worktop.
• Fridge-freezer space.
• Adequate cupboards and power sockets.

Many councils also specify minimum kitchen sizes (eg 7 sq m for up to 5, then increasing).

Bathroom/WC facilities (typical standard)

• At least one bathroom (bath or shower) per 5 occupiers.
• At least one WC per 5 occupiers, with at least one WC in a separate compartment.

Exact standards are set in local HMO amenity guidance and licence conditions; the Management Regs then require you to maintain whatever is required and provided.

4. Penalties, what inspectors look for, and common failures

Penalties

Breach of HMO Management Regulations is a criminal offence; there is a defence of "reasonable excuse" but that is narrow.

Sanctions:

• Civil penalty up to GBP 30,000 per offence (set by council policy).
• Or prosecution in Magistrates' Court, with unlimited fines since caps were removed.
• Management breaches are often charged alongside licensing offences and HHSRS hazards.

What HMO inspectors actually look for

Fire safety:

• Working, interlinked smoke/heat alarms.
• Fire doors closing properly, correct signage, clear escape routes.

Room sizes and occupancy:

• Any rooms below statutory minimum being used as bedrooms.
• Too many people per kitchen/bathroom.

Common parts condition:

• Dirty or damaged stairs, broken handrails, loose carpets, damp and mould in shared areas.

Kitchens and bathrooms:

• Number of facilities vs occupancy.
• Condition and cleanliness, working extract fans, no missing tiles or rotten units.

Paperwork and displays:

• Manager details displayed.
• Gas certificates, EICR, PAT (if required), fire alarm/emergency lighting certificates.

Waste:

• Overflowing bins, evidence of poor waste management.

Common failures

• No manager contact notice in the hallway.
• Blocked escape routes, combustible items in stairwells.
• Broken fire doors (no self-closers, wedges in doors).
• Using undersized rooms as bedrooms, especially box rooms below 6.51 sq m.
• Shabby kitchens/bathrooms in poor repair: loose worktops, leaking sinks, mouldy sealant.
• Inadequate waste storage: not enough bins, or no arrangements for collection, leading to accumulation.

5. What forums get wrong

Myths worth ignoring:

"Management regs only apply if the HMO is licensed." Wrong. The 2006 regs apply to all HMOs in England (with limited exceptions for some converted blocks), regardless of licence status.

"Room sizes are just guidance and can be negotiated." For licensed HMOs, minimum sizes are statutory conditions. If your room is under 6.51/10.22/4.64 sq m, it cannot lawfully be used as sleeping accommodation at that occupancy, and councils will condition the licence accordingly.

"If tenants do not clean, that is their problem." The regs put the duty on the manager to maintain common parts in clean and good order. You can recharge or enforce tenancy clauses, but the council comes after you, not the tenants.

"Civil penalties are small admin fines." Many councils' penalty matrices put management breaches in the GBP 5,000-30,000 range depending on severity and history.

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