The rules which apply to the management of HMOs are the Management of Houses in Multiple Occupation (England) Regulations 2006. This imposes duties on managers but with some requirements also on the people living there, to ensure that good conditions are maintained.
There is an exception to the case of a Section 257 HMO which are covered by the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
Who is the Manager of an HMO?
The Manager is the owner, or lessee of the property, who receives rent from the people living there, either directly or through an agent or trustee. A managing agent may have this responsibility, if they receive and keep the rent.
What are Managers required to do?
The Manager must ensure that the following rules are observed:
Safety of Residents
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Reasonable careful steps must be taken for the safety of people living there.
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Alarms and other fire apparatus must be kept in good working order.
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Fire escape routes must be clearly marked, maintained in good order and repair and kept free from things in the way.
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The manager must take all fair steps to protect occupiers from injury from design, structural conditions and number of occupants in the HMO.
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All fire doors and self-closing devices close properly to prevent smoke and fume spread.
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All notices indicating Means of Escape from Fire in the property are clearly visible.
Water and fuel supplies
All means of water supply and drainage must be kept clean, in good repair and protected from frost.
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Supplies of water, gas and electricity must not be unreasonably cut off.
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The manager must supply the local council with a copy of the properties electricity and gas certificates if requested within 7 days of the request for inspection.
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Electrical installation to be inspected every 5 years, gas supply annually by certified contractor.
Individual living accommodation
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The internal structure must be kept in good repair. Gas and electrical equipment, heaters and water heaters and clean water and toilets must be kept in repair and proper working order. Gas appliances must be inspected by a Gas Safe registered installer. The accommodation must be clean when a resident moves in.
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The Manager is not responsible for damage deliberately caused by a resident after moving in.
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The manager must ensure that the internal structure is in good repair.
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All fittings are in good repair and clean working order
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Every window and other means of air flow are kept in good repair.
Windows and ventilation
Windows and other means of air flow must be kept in repair and in proper working order.
Refuse and litter
Refuse and litter must not be allowed to accumulate in the house. There must be enough bins, and proper arrangements for rubbish disposal.
Communal areas
All parts of the house in common use must be kept clean, in good repair. Staircases, halls and entrances must be kept free from things in the way. Yards and gardens available to the residents must be kept in good condition.
Provision of Information
A notice must be displayed in the house, easily visible to people living there giving the name, address and telephone number of the Manager and of the agent or trustee.
If requested by the local council, the Manager must supply the Authority with information about the occupancy of the house.
What happens if the Manager does not manage the property correctly?
If a manager has failed to manage a property adequately and has broken the rules, then the Council will take action.
Managers will be notified by way of a formal letter stating the broken rules observed, works required to be carried out and a time period for completion.
Failure to comply with these requirements is likely to lead in legal action to ensure the property is brought up to the necessary standard.
If the council believes that the management of the property is so poor as to present an serious danger to the health, safety and wellbeing of the tenants, then it has the power to prosecute the manager without giving notice of the defects.
If such a case is taken, managers, upon being found guilty, may face fines of up to £5,000 for each regulation that has been broken.
Additional support
The Cornwall Responsible Landlord Scheme has been set up to help landlords and letting agents provide the highest standards in the private sector.