Best Practice Guidance Notes For Each Licence Type

A “household” for the purpose of the Housing Act 2004 comprises, a single person, 2 unrelated persons living together, co-habiting couple or a family which may include parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins. Half relatives will be treated as full relatives.

Mandatory HMO

Privately rented properties that are occupied by 5 or more people forming 2 or more unrelated households who share some or all of the bathroom, kitchen or WC facilities in the property.  Certain HMOs are exempt –  schedule 14 of the Housing Act 2004

Additional HMO     

This scheme ended on 12 April 2022.  

Selective

Privately rented properties that are let on a tenancy or licence and that are not classed as Mandatory HMO’s and fall under one of the Selective designated areas/wards.   

This includes single people, couples, 1 related household and up to 4 unrelated occupants who share facilities.  

Also properties that have been converted entirely into self contained flats and which do not meet the building regulations in force at the time of the conversion are known as Section 257 HMOs (S257) and  are subject to Selective licensing. 

Multi occupied self contained flats within purpose built blocks that contain three or more self-contained flats will not require a licence under the mandatory HMO licensing scheme even if occupied by five or more people, however, they would currently each require a Selective licence for each unit in accordance with the borough’s Selective licensing scheme which covers 12 designated wards. 

A tenancy or licence is exempt of it is granted by: 

  • A non profit registered provide of social housing
  • A profit making registered provider of social housing in respect of social housing
  • A body which is registered as a social landlord

Other tenancies and licences are exempt Licensing of Houses (Specified Exemptions) (England) Order 2006

 

Mandatory HMO

Borough wide scheme.

Applicant must upload documents/certificates or email them.

Please note: Mandatory definition changed on 1 October 2018.  Properties with 5 or more occupants forming 2 or more households regardless of how many storeys and sharing facilities will require a Mandatory Licence which is Borough wide.

Selective

Applies to 12 specific areas in the borough.

Scheme 2: Goodmayes, Snaresbrook, Newbury, Cranbrook, Chadwell, Aldborough, Loxford, Roding, Mayfield, Seven Kings, Fairlop and Church End.

(Selective Scheme 1 which included Clementswood and Valentines wards has now ended.  The renewal of this scheme is being reviewed until further notice).

Compliance Visit

Mandatory HMO

There will be a compliance visit before the licence is granted.

Selective 

Small HMO will receive a compliance visit and will under go an HHSRS inspection during the lifespan of the licence and to make sure Management Regulations are being adhered to.  

10% compliance spot checks will be carried out randomly on all other occupancy types.

Advisory visit

Mandatory HMO

An advisory visit to give guidance on HMO requirements can be arranged with our enforcement officers upon request and payment of £275 fee per visit.  This can be arranged by emailing prslicensing@redbridge.gov.uk

 

Mandatory HMO

Planning permission must be obtained for a “Change of use” from a house to an HMO with more than 6 occupants. 

The Article 4 Direction came into force on 6 December 2019 in Redbridge which means that permitted development rights for the change of use from residential (Planning Use Class C3) to a small HMO (Planning Use Class C4) have been removed and planning permission will be required for all such HMO development proposals from that date.

Any queries regarding the Article 4 Direction should be referred to planning directly at dpd@redbridge.gov.uk

The Article 4 Direction is not retrospective and so will not have any effect on existing HMOs that were permitted development prior to 6 December 2019.

Selective 

If this is a small HMO planning consent or exemption from planning consent must be obtained for a  “Change of use” from a single dwelling ‘Use Class C3’ to a small HMO ‘Use class C4’ (which allows planning consent only for up to 6 occupants). 

The Article 4 Direction came into force on 6 December 2019 in Redbridge, which means that permitted development rights for the change of use from residential (Planning Use Class C3) to a small HMO (Planning Use Class C4) will be removed and planning permission will be required for  all such HMO development proposals from that date.

Any queries regarding the Article 4 Direction should be referred to planning directly at dpd@redbridge.gov.uk

The Article 4 Direction is not retrospective and so will not have any effect on existing HMOs that were permitted development prior to 6 December 2019.

 

Mandatory HMO

Under the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018, the new absolute minimum bedroom sizes will be:

  • Less than 4.64m2 cannot be used as a bedroom
  • 4.64m2 for a bedroom occupied by a child under 10 years old
  • 6.51m2 for a bedroom occupied by a person over 10 years old
  • 10.22m2 for a bedroom occupied by two people over 10 years old

These minimum room sizes will apply to all mandatory HMO and additional licences that are approved or renewed on or after 1 October 2018.  Whilst councils will have discretion to require larger room sizes, they will have no discretion to permit smaller rooms to be occupied. 

If a property is found be over-occupied when the licence application is approved, the council can allow up to 18 months for the issue to be resolved, either by evicting the occupant or carrying out internal alterations to make the room larger. 

The minimum room sizes are not applicable to any HMOs managed by a charity registered under the charities Act 2011 and which is a night shelter or temporarily accommodation for persons recovering or suffering from drug or alcohol abuse or mental disorder.

Selective

There are no minimum bedroom sizes for selective licences.  However the room standard and the space standard for the definition of overcrowding which is in the Housing Act 1985 are applicable. The Council may take enforcement action if a property with a selective licence is found to be overcrowded. 

For the purposes of the room standard and the space standard, a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.

 

These maybe prepared by the applicant or the proposed licence holder.  They do not have to be drawn up by an architect or surveyor.

Mandatory HMO

Required as part of the licence application process.

Floor plans of each storey of the property, either to scale or to show room dimensions, and which show the final exits, the location of fire doors, the location of smoke and heat detectors, the location of emergency lighting (if any), the location of break glass points (if any), and which detail the use of each room.

Upload floor plans on to the on line application.

Selective

Not required at application but may be requested by the Council on inspection of a small HMO.

 

Fire Safety

This may be prepared by the applicant or the proposed licence holder. It does not need to be prepared by a specialist consultant or company.

Mandatory HMO

Required as part of the licence application process and HMO licence conditions.

The Regulatory Reform (Fire Safety) Order 2005 places a duty on the responsible person, which will usually be the landlord, to carry out a Fire Risk Assessment to identify the general fire precautions and other measures needed to ensure the safety of the occupiers in the HMO.  

This requirement only applies to the common parts of the HMO but in practice  will need to take into account the entire HMO including the sleeping accommodation.

The general fire precautions and other measures identified must be implemented, maintained and kept under review.

Upload Fire Risk Assessment on to the online application.

Selective

Not applicable to a property let under Selective licensing.

The fire safety order does not apply to HMOs let to a group of sharers on one tenancy with exclusive use of the property, as explained in the LACORS fire safety guidance.

Although there are no prescribed standards for HMOs under Part 3 an inspection visit will be arranged for all HMOs.

The visiting officers will use HHSRS and the HMO Management Regulations to carry out their inspections of all small HMOs licensed under the Selective licensing scheme.

 

Fire is one of the 29 prescribed housing related hazards which are assessed using the Housing Health and Safety Rating System (HHSRS), which is the system for assessing the condition of residential premises and for enforcing housing standards in such premises under the Housing Act 2004.

The Council has regard to the LACORS document housing - fire safety, guidance on fire safety provisions for certain types of existing housing when determining the type of fire detection system to be installed to ensure that the property is provided with a safe means of escape in the event of fire.

Latest British Standards were revised in May 2019 to BS 5839:6 2019.  While there have been some changes to fire alarm Grades and Categories, many of the fundamental concepts relative to the LACORS guide remain the same.

The changes for 2019 include new Grades covering the different types of alarm system, with Grade C being redefined, Grade D being replaced by D1 and D2. Grade F is replaced by F1 and F2, but these relate to battery powered detection only.

Mandatory HMO

Legal requirement to ensure that there are no Category 1 or significant Category 2 fire hazards in the HMO that present a risk to the health and safety of the occupiers of, and any visitors to the property.

The following are summaries of the likely requirements for two and three storey HMOs. Please note additional works may be identified when the property is inspected.

Three Storey (Or Above)Bedsit HMO With Shared Cooking Facilities.  Detection: Grade A, LD2

The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6: 2019. The minimum requirement is a Grade A, LD2 system. Grade A, LD2 systems are required in all HMO properties which have three or more storeys including basements.

Grade A: a fire detection and alarm system that is designed and installed in accordance with the recommendations of the BS 5839-6: 2019 and which comprises a system of electrically operated smoke and/or Heat detectors which are linked to a control panel. The panel must conform to British Standards BS EN 54.  The system must incorporate manual call points adjacent to all final exits and at each landing level if deemed appropriate. The alarm signal should achieve a sound level of at least 65dB(A)in all parts of the building and 75dB(A) at all bed heads.

LD2 coverage: a system installed throughout the dwelling incorporating smoke detectors (linked) in all circulation spaces that form part of the escape routes from the dwelling, and in all occupied rooms and areas in which fire might start (storage rooms, under stair compartments, basements etc), including a heat detector in any kitchen.

Bedrooms with cooking facilities - mains wired interlinked heat detector, plus a non-interlinked smoke detector. Fire blanket required and a carbon monoxide detector where applicable.

Two Storey (Bedsit) HMO With Shared Cooking Facilities.  Detection Grade: D1, LD2

The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6: 2019. The minimum requirement is a Grade D1, LD2 system.

Grade D1: A system of one or more mains powered detectors, each with a tamper proof standby supply consisting of a battery or batteries.  These are designed to operate in the event of mains failure and therefore could be connected to the local lighting circuit rather than an independent circuit at the dwellings main distribution board.

LD2 coverage: a system installed throughout the dwelling incorporating detectors in all circulation spaces that form part of the escape routes from the dwelling, and in all occupied rooms and areas in which fire might start (which may include storage rooms, under stair compartments, basements etc).

Bedrooms with cooking facilities - mains wired interlinked heat detector, plus a non-interlinked smoke detector.  Fire blanket required and a carbon monoxide detector where applicable.

Shared House

HMOs described as shared houses are where the whole property has been rented out by an identifiable group of unrelated sharers such as students, work colleagues or friends as joint tenants.  They share kitchen, dining facilities, bathroom, WC, lounge and all other parts of the house.  All tenants will have exclusive legal possession and control of all parts of the house, including all the bedrooms.  There is normally a significant degree of social interaction as they know each other.  There is a single joint tenancy agreement with vicarious responsibility and therefore the landlord does not decide who lets a room should someone leave.  BS5839-6: 2019 specifies that a HMO can only be referred to as a "shared house HMO" for fire purposes if the property is shared by no more than 6 people.

Shared House Up to Four Storeys

The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6:2019.  The minimum requirement is a Grade D1, LD3 system.

  • Interlinked mains wired smoke alarms in the escape route at all floor levels including any cellar or basement
  • Interlinked heat alarm in the kitchen area
  • Interlinked smoke alarm in lounge/communal area

Shared House Up to Six Storeys

The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6:2019.  The minimum requirement is a Grade A, LD 2 system.

  • Interlinked mains wired smoke alarms in the escape route at all floor levels including any cellar or basement
  • Interlinked heat alarm in the kitchen area
  • Interlinked smoke alarm in all risk rooms leading onto the escape route including bedrooms, storage rooms, under stair compartments.

Wireless Systems

The Council will accept fire detection and alarm systems that are interlinked wirelessly through radio frequency technology provided that such systems comply with BS 5839, in particular in respect of certain certification of network coverage in the property.

Upload certificate on to the online application.

Selective

Legal requirement under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015

House Occupied By A Single Household

The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6: 2019.  The minimum requirement is a Grade D1, LD3 system.

This will comprise an interlinked mains wired smoke detector with integral battery back-up located at each floor level in the escape route in the house, being the ground floor hallway and any upper landings.

Non mains wired stand alone tamper proof smoke detectors fitted with a ten-year sealed lithium battery installed in accordance with manufacturer’s instructions are acceptable as the next preferred alternative.

Non mains wired stand alone smoke detectors fitted with a standard battery are acceptable as a final alternative, but are not recommended as batteries can easily be removed from the units.

Selective Licence- Fire Detection Requirements in Self Contained Flats (Converted Buildings or Purpose Built Blocks).

Privately rented self contained flats in either converted properties or purpose built blocks may also be subject to selective licensing.  Within the internal hallway of the flat a Grade D1, LD3 system is required as detailed above, but the smoke detectors within each flat in the property or block shall not be interlinked to the other flats or communal areas within the block.

Within the common parts only of converted properties or purpose built blocks of flats with three or more storeys a Grade A, LD2 system is required together with a heat detector located in each flat in the room or lobby which opens onto the escape route. The heat detectors in each flat shall be interlinked to one another and also linked to the smoke detectors in the communal areas.

Fire safety in the common areas of HMOs, blocks of flats or Maisonettes are controlled by Regulatory Reform (Fire Safety Order 2005 (RRFSO), and this order lays down the legal requirements.  A short guide helps you understand the Order.

Owners of privately rented flats within converted properties or purpose built blocks may have no responsibility for the fire detection system in the common parts of the building and should contact the freeholder in this respect.

Self certify on application.

House Occupied By More Than One Household-Small HMO Selective

Please read our suggested fire detection systems under Mandatory HMO licensing.

Your compliance officer advise you if you need to upgrade your system during their visit.

Any fire prevention works found necessary (which would be dependent on the size, use and layout of the property and an assessment of the existing fire precautions) following a HHSRS assessment will need to be rectified within a specified time frame set by the investigating officer before a licence can be granted. 

Section 257 Properties

A Section 257 property is currently only licensable under Selective Licensing and must fall in one of the 14 designated wards (see below under Selective Licensing for further details.

A Section 257 property is defined in the Housing Act 2004 as a building or any part of a building which has been converted into and which consists entirely of self-contained flats.  The conversion works carried our do not comply with Building Regulations.

The appropriate building standards are:

  • The Building Regulations imposed at the time that the building was converted; unless the building work was completed before the 1 June 1992, in which case they are the Building Regulations 1991.

In summary therefore, if a building or part of that building is converted into and consists entirely of self-contained flats, and less than two-thirds of those flats are owner occupied, and no Building Control completion certificate can be produced for the conversion works, the building shall be considered to be a Section 257 HMO.

Section 257 HMOs - Within the internal hallway of the flat a Grade D1, LD3 system is required, but the smoke detectors within each flat in the property or block shall not be interlinked to the other flats  or communal areas within the block.  The smoke detector should ideally be mains wired (not interlinked) but if not it may then be a stand-alone tamper proof smoke detector fitted with a ten-year sealed lithium battery or a stand-alone smoke detector fitted with a standard battery is acceptable as a final alternative.

Within the common parts of properties which are three or more storeys that are Section 257 HMOs a Grade A, LD2 system is required together with a heat detector located in each flat in the room or lobby which opens onto the escape route.  The heat detectors in each flat shall be interlinked to other flats and the smoke detectors in the communal areas of the block.

Owners of privately rented flats within converted properties may have no responsibility for the fire detection system in the common parts of the building and should contact the freeholder in this respect.

 

Fire is one of the 29 prescribed housing related hazards which are assessed using the Housing Health and Safety Rating System (HHSRS), which is the system for assessing the condition of residential premises and for enforcing housing standards in such premises under the Housing Act 2004.

The Council has regard to the LACORS document housing - fire safety, guidance on fire safety provisions for certain types of existing housing when determining the location of self- closing fire doors to ensure that the property is provided with a safe means of escape in the event of fire.

Mandatory HMO

Legal requirement to ensure that there are no Category 1 or significant Category 2 fire hazards in the HMO that present a risk to the health and safety of the occupiers of, and visitors to, the property.

Bedsit-Type HMOs Up To Six Storeys

Please ensure that all doors to rooms used as bedrooms, communal living rooms, shared kitchens and the door to any under stairs cupboard if housing supply meters or electrical consumer units shall be 30 minute fire resisting doors (FD30S). Each door shall be hung on 3 No. 100mm steel or brass hinges. Each door shall be fitted with an approved self-closing device such as an hydraulically operated overhead self- closer or a perko / perkomatic closer.  The fit of the door frame is extremely important and the gap should be as small as practical allowing the door to close freely.  Where FD30 doors are fitted the gaps should not exceed that stated by the manufacturer which is usually 3mm along the vertical edges and across top of the door leaf and around 3mm at the base.  Refer to the door manufacturer's instructions.

Combined intumescent strips and smoke seals shall be fitted into rebates in the top and sides of each door or door frame.

Doors that need to be fitted with security locks shall be fitted with a type of security lock that can be opened from the room side of the door without the aid of a key. Any glazing in fire resisting doors shall be of Georgian wired glass. Any glazing in borrowed lights over doors shall be replaced with Georgian wired glass or the borrowed light removed and infilled with materials affording 30 minutes fire resistance. For example, covered with 12.5mm plaster board to both sides.  All joints in the plasterboard shall be scrimmed and skimmed and the plasterboard shall be finished with a skim coat plaster finish.  Upon completion each fire resisting door shall be able to self-close from any point on travel such that the door properly closes and engages the door latch.

In regard to shared houses of up to two storeys:

  • Doors leading onto the escape route must be close fitting solid timber or panelled of substantial construction.
  • Doors of flimsy construction or hollow infill type doors (known as "eggbox") or with non-fire-resisting glazing will not be accepted.
  • Existing fire doors which have combined smoke and intumescent seals will be accepted where an interlinked detector is provided to the room.

In regard to shared houses of up to four storeys:

  • FD30 fire doors must be installed to provide 30 minute protection on all exits on to the protected route and incorporate intumescent strips along both vertical and top edges of the door.  Each door shall be hung on 3 No.  100mm steel or brass hinges.  Each door shall be fitted with an approved self-closing device such as an hydraulically operated overhead self-closer or a perko/perkomatic closer.  The fit of the door frame is extremely important and the gap should be as small as practical allowing the door to close freely.  Where FD30 doors are fitted the gaps should not exceed that stated by the manufacturer which is usually 3mm along the vertical edges and across top of the door leaf and around 10mm at the base.  Refer to the door manufacturer's instructions.
  • Existing fire doors which have combined smoke and intumescent seals will be accepted where an interlinked detector is provided to the room.

In regard to shared houses of up to six storeys:

  • FD30S fire doors must be installed to provide 30 minute protection on all exits on to the protected route and incorporate intumescent strips along both vertical and top edges of the door.  Each door shall be hung on 3 No.  100mm steel or brass hinges.  Each door shall be fitted with an approved self-closing device such as an hydraulically operated overhead self-closer or a perko/perkomatic closer.  The fit of the door frame is extremely important and the gap should be as small as practical allowing the door to close freely.  Where FD30S doors are fitted the gaps should not exceed that stated by the manufacturer which is usually 3mm along the vertical edges and across top of the door leaf and around 3mm at the base.  Refer to the door manufacturer's instructions.

Combined intumescent strips and smoke seals shall be fitted into rebates in the top and sides of each door or door frame. 

Selective

Not applicable in most properties that are occupied by a single household.

However, the entrance door to a self contained flat in a converted property or a purpose built property will usually need to be a 30 minute fire resisting door (FD30S) as detailed.

Where the loft space in a property of 2 or more storeys is to be converted into sleeping accommodation there will be a need to comply with the requirements of the current Building Regulations as they relate to fire safety.  Local authority's building control function 

Small HMO - Selective

Legal requirement to ensure that there are no Category 1 or significant Category 2 fire hazards in the HMO that present a risk to the health and safety of the occupiers of, and visitors to the property.

Combined intumescent strips and smoke seals shall be fitted into rebates in the top and sides of each door or door frame.

Doors that need to be fitted with security locks shall be fitted with a type of security lock that can be opened from the room side of the door without the aid of a key. Any glazing in fire resisting doors shall be of Georgian wired glass. Any glazing in borrowed lights over doors shall be replaced with Georgian wired glass or the borrowed light removed and infilled with materials affording 30 minutes fire resistance. For example, covered with 12.5mm plaster board to both sides. All joints in the plasterboard shall be scrimmed and skimmed and the plasterboard shall be finished with a skim coat plaster finish. Upon completion each fire resisting door shall be able to self-close from any point on travel such that the door properly closes and engages the door latch.

In regard to shared houses of up to two storeys:

  • Doors leading onto the escape route must be close fitting solid timber or panelled of substantial construction.
  • Doors of flimsy construction or hollow infill type doors (known as ‘eggbox’) or with non-fire-resisting glazing will not be accepted.
  • Existing fire doors which have combined smoke and intumescent seals will be accepted where an interlinked detector is provided to the room.

In regard to shared houses of up to four storeys:

  • FD30 fire doors must be installed to provide 30 minute protection on all exits on to the protected route and incorporate intumescent strips along both vertical and top edges of the door. Each door shall be hung on 3 No. 100mm steel or brass hinges. Each door shall be fitted with an approved self-closing device such as an hydraulically operated overhead self- closer or a perko / perkomatic closer. The fit of the door frame is extremely important and the gap should be as small as practical allowing the door to close freely. Where FD30 doors are fitted the gaps should not exceed that stated by the manufacturer which is usually 3mm along the vertical edges and across top of the door leaf and around 10mm at the base. Refer to the door manufacturer’s instructions.
  • Existing fire doors which have combined smoke and intumescent seals will be accepted where an interlinked detector is provided to the room.

Combined intumescent strips and smoke seals shall be fitted into rebates in the top and sides of each door or door frame.

In regard to S.257 HMO:

  • Each flat entrance door shall be a FD30S fire resisting door.
  • The internal doors within each flat are to be sound, well-constructed and close fitting.

 

Mandatory  HMO

The underside of the staircase from ground floor to ceiling level where it is exposed or is within an under stairs cupboard and, where applicable, the underside of any staircase rising from first floor level to upper floor levels, shall be upgraded to provide 30 minutes fire resistance. This can be achieved by lining the underside of the staircase with one layer of plasterboard that is at least 12.5mm thick and which is fixed to the underside of the staircase using proprietary plasterboard nails. All joints in  the plasterboard shall be scrimmed and skimmed and the plasterboard shall be finished with a skim coat plaster finish.

Self-certify on application checked on HHSRS inspection.

Selective 

To avoid a Cat 1 hazard at a small Selective HMO, we suggest the underside of the staircase from ground floor to ceiling level where it is exposed or is within an understairs cupboard and, where applicable, the underside of any staircase rising from first floor level to upper floor levels, shall be upgraded to provide 30  minutes fire resistance. This can be achieved by lining the underside of the staircase with one layer of plasterboard that  is at least 12.5mm thick and which is fixed to the underside of the staircase using proprietary plasterboard nails. All joints in the plasterboard shall be scrimmed and skimmed and the plasterboard shall be finished with a skim coat plaster finish.

Checked on HHSRS inspection.

 

Mandatory  HMO

Not a legal requirement - unless specifically requested by the London Fire Brigade.

Selective

Not a legal requirement - unless specifically requested by the London Fire Brigade.

 

Mandatory  HMO

A fire blanket is required in each shared kitchen in a HMO and in each bedsitting room that has its own cooking facilities. 

The fire blanket shall comply with BS 6575 and be of the light duty type and be wall mounted at a height of approx.  1.5m and be located closer to the room exit than the cooking facility.

Selective

It is recommended good practice to provide a fire blanket in the kitchen.  It is not a legal requirement.

The fire blanket shall comply with BS 6575 and be of the light duty type and be wall mounted at a height of approx 1.5m and be located closer to the room exit than the cooking facility.

 

This includes basements, surface finishes and floor coverings.

Mandatory HMO

All walls in a HMO that separate rooms used as bedrooms, communal living rooms and shared kitchens from the staircase enclosure shall provide 30 minutes fire resistance from the room side of the wall. Brick built walls and traditional stud and plasterboard walls will achieve this. Walls that are of lath and plaster construction will not achieve this and will need to be upgraded to provide 30 minutes fire resistance. This can be achieved by removing skirting boards, architraves, etc and all lath and plaster construction from the room side of the wall and lining the exposed studwork with one layer of plasterboard that is at least 12.5mm thick and which is fixed using proprietary plasterboard nails. All joints in the plasterboard shall be scrimmed and skimmed and the plasterboard shall be finished with a skim coat of plaster. All skirting boards, architraves, etc. shall be reinstated upon completion. Walls that separate bedroom from bedroom, or bedrooms from shared kitchens or communal living rooms, need to provide 30 minutes fire resistance from both sides of the wall.

If a basement storey in a HMO is used for any habitable purposes then there will need to be at least 30 minutes fire separation provided between the basement and the ground floor and this will be achieved by lining the underside of the basement ceiling as detailed above. If the basement storey is not habitable but is still integral to the HMO, for example it is used for storage, or it houses the gas and electricity meters, or access to it is required for essential repairs, then there will again need to be at least 30 minutes fire separation provided between the basement and the ground floor.

Combustible surface finishes are not permitted in the protected means of escape route in a HMO and should be avoided in other locations. Rapid spread of flame across combustible surfaces allows a fire to spread more quickly. The surface finishes in the protected means of escape route should only be non-combustible materials and materials of limited combustibility, for example brickwork, concrete, plasterboard and plastered finishes, which have a Class 0 surface spread of flame rating. Surface finishes with a Class 1 rating will be acceptable in rooms in HMO’s.

Surface finishes with a Class 3 rating, for example polystyrene wall and ceiling tiles, are not acceptable in the protected means of escape route.

Checked on HHSRS visit.

Single Household Selective Licence

There is no requirement for additional fire resistance to walls and floors, however if a selective property of 1 or 2 storeys has a basement, habitable or otherwise, then 30 minutes fire separation between the basement and the ground floor is the ideal standard, and in selective properties of 3 or more storeys, 30 minutes fire separation between any basement storey and the ground floor is required. There are no requirements for surface finishes and floor coverings, however it is strongly recommended that polystyrene tiles used on ceilings and walls are removed.

Single HMO Selective Licence

It is recommended that walls in a HMO that separate rooms used as bedrooms, communal living rooms and shared kitchens from the staircase enclosure shall provide 30 minutes fire resistance from the room side of the wall. Brick built walls and traditional stud and plasterboard walls will achieve this. Walls that are of lath and plaster construction will not achieve this and will need to be upgraded to provide 30 minutes fire resistance. This can be achieved by removing skirting boards, architraves, etc and all lath and plaster construction from the room side of the wall and lining the exposed studwork with one layer of plasterboard that is at least 12.5mm thick and which is fixed using proprietary plasterboard nails. All joints in the plasterboard shall be scrimmed and skimmed and the plasterboard shall be finished with a skim coat of plaster. All skirting boards, architraves, etc. shall be reinstated upon completion. Walls that separate bedroom from bedroom, or bedrooms from shared kitchens or communal living rooms, need to provide 30 minutes fire resistance from both sides of the wall.

If a basement storey in a HMO is used for any habitable purposes then there will need  to be at least 30 minutes fire separation provided between the basement and the ground floor and this will be achieved by lining the underside of the basement ceiling as detailed above. If the basement storey is  not habitable but is still integral to the HMO,  for example it is used for storage, or it houses the gas and electricity meters, or access to it is required for essential repairs,    then there will again need to be at least 30 minutes fire separation provided between the basement and the ground floor.

Combustible surface finishes are not permitted in the protected means of escape route in a HMO and should be avoided in other locations. Rapid spread of flame across combustible surfaces allows a fire to spread more quickly. The surface finishes in the protected means of escape route should only be non-combustible materials and materials of limited combustibility, for example brickwork, concrete, plasterboard and plastered finishes, which have a Class 0 surface spread of flame rating. Surface finishes with a Class 1 rating will be acceptable in rooms in HMOs.

Surface finishes with a Class 3 rating, for example polystyrene wall and ceiling tiles, are not acceptable in the protected means of escape route.

Checked on HHSRS compliance visit

 

Emergency lighting of the means of escape route maybe required in larger buildings with long escape routes, buildings with a complex layout, buildings with no natural or borrowed lighting in the escape route, or buildings with vulnerable occupiers. The Council will have regard to the LACORS guidance when determining the need for emergency lighting.

Mandatory HMO

If considered necessary the emergency escape lighting shall comply with BS 5266 and it shall automatically illuminate upon the failure of the power supply to the conventional artificial lighting circuit. Self- contained, non-maintained luminaires provided 3 hours duration, categorised as NM3, are adequate, located as deemed necessary.

Selective 

Not applicable to a single household.

If considered necessary for a small HMO the emergency escape lighting shall comply with BS 5266 and it shall automatically illuminate upon the failure of the power supply to the conventional artificial lighting circuit. Self- contained, non-maintained luminaires providing 3 hours duration, categorised as NM3, are adequate, located as deemed necessary.

 

Mandatory HMO

The means of escape route from the HMO in the event of fire shall be maintained free of obstruction and fire risks at all times whilst the HMO is occupied.  

Any gas or electric meter or electrical installation consumer unit that is located in the means of escape route from the HMO shall be enclosed in fire resisting construction affording 30 minutes fire resistance.

Any loft hatch located in the ceiling over the means of escape route from the HMO or within the ceiling of any room in the HMO other than a bath or shower room shall be upgraded to provide 30 minutes fire resistance.

Checked on HHSRS visit.

Selective 

Not applicable to a single household.

If a small HMO the means of escape route from the HMO in the event of fire shall be maintained free of obstruction and fire risks at all times whilst the HMO is occupied.

Any gas or electric meter or electrical installation consumer unit that is located in the means of escape route from the HMO shall be enclosed in fire resisting construction affording 30 minutes fire resistance.

Any loft hatch located in the ceiling over the  means of escape route from the HMO or within the ceiling of any room in the HMO other than a bath or shower room shall be upgraded to provide 30 minutes fire resistance.

Checked on HHSRS visit.

 

Mandatory HMO

Final exit signs and directional signage in the means of escape route will only be required if the escape route is long and complex and/or there are five or more occupants.

Selective

Not applicable to a single household.

Best practice for a small HMO. Final exit signs and directional signage in  the means of escape route will only be required if the escape route is long and complex and/or there are five or more occupants.

 

Mandatory HMO

All final exit doors from the HMO shall be  fitted with security locks or other opening  mechanisms that are openable by the occupiers of the HMO from the inside without the use of a removable key.

Selective 

Not applicable to a single household.

Best practice for a small HMO. All final exit doors from the HMO shall be  fitted with security locks or other opening mechanisms that are openable by the occupiers of the HMO from the inside without the use of a removable key.

 

Mandatory HMO

The means of escape route should be checked regularly to ensure that it is kept free from obstruction, storage and trip hazards.

Fire doors should be checked regularly to ensure that they are effectively self-closing to engage the door latch with no obstruction or hindrance. Check that self-closing devices are not removed or damaged.

Check that fire doors are not wedged or propped open or have had door hangers put over them. Check for any damage to the door and repair or replace as necessary. Replace any damaged or missing smoke seals and intumescent strips.

For Grade A fire detection and alarm systems at least one detector or call point should be tested weekly for correct operation and results recorded in a log book with defects noted and actioned. A 6 monthly service should be carried out by a competent person and recorded in the log book and a test certificate issued.

Grade D fire detection and alarm systems should be tested every month by the test button on the smoke or heat detector.

Detectors should be cleaned regularly. There is no need for a log book.

All detectors should be tested at least annually to ensure that they respond to smoke.

Fire blankets should be checked periodically to make sure that they are in place and available for use.

Emergency lighting should be serviced and maintained in accordance with BS 5266 Part 8:2004 and have an annual discharge test carried out by a competent person and recorded in the log book and a test certificate issued.

Single household Selective

Grade D fire detection and alarm systems should be tested every month by the test button on the smoke or heat detector.  Detectors should be cleaned regularly. There is no need for a log book.

All detectors should be tested at least annually to ensure that they respond to smoke.

If fire blankets have been provided they should be checked periodically to make sure that they are in place and available for use.

Small HMO Selective

For all other systems used in small HMO please follow Mandatory HMO best practice guidelines.

 

Furniture within a rented property that is supplied by the Landlord must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and should be labelled accordingly.

 

Gas safety, smoke, and carbon monoxide regulations

This is a legal requirement under the Gas Safety (Installation and Use) Regulations 1998. Gas installations and appliances must receive a gas safety check annually which is carried out by a competent and registered engineer. The annual Gas Safety Certificate shall be provided to tenants.

Licence conditions require the Gas Safety Certificate to be provided to the Council if requested.

Upload certificate on to on-line application.

 

This is a legal requirement under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.  A monitor must be provided in any room used wholly or partly as living accommodation and which contains a solid fuel burning combustion appliance.

Self certify on application.

 

Electrical safety

All license types

The new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were made on 18 March 2020 and apply to all new tenancies from 1 July 2020 and to existing tenancies from 1 April 2021.

The Electrical Safety Regulations require landlords to:

  • Ensure that the electrical safety standards are met during any period of a tenancy
  • Have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every five years, or more frequently if the most recent report requires this.
  • Provide a copy of the report (known as the Electrical Installation Condition Report or EICR) to their tenants, and to the local authority if requested.
  • If the EICR requires investigative or remedial works, landlords will have to carry this

Remedial works identified on the report as being code C1 or code C2 must be carried out to make the installation safe.

Regulation 6(3) of the management of houses in multiple occupation (England) regulation 2006 is repealed by the electrical safety regulations.

Upload certificate on to the on-line application

 

If a landlord provides electrical equipment as part of a tenancy agreement, then the Electrical Equipment (Safety) Regulations 1994 requires such equipment to be safe to use.

If such equipment provided is not new, then it is recommended that it is tested annually by a competent person and a certificate of testing issued. If testing indicates that the equipment is not safe to use, then it will need to either be removed or replaced.

 The licence holder is to supply the authority, on demand, with a declaration as to the safety of such appliances.

 

Energy measures

Mandatory HMO

Not a legal requirement.

There is  no legal requirement to provide an EPC for a property that is occupied as a HMO.  An EPC may exist if the property was previously occupied as  single family dwelling.  If an EPC exists then a copy of it shall be given to each prospective and new tenant of the HMO.

Single household occupancy - Legal Requirement

A copy of the current EPC shall be given to each prospective and new tenant.

Upload the EPC onto the online application.

An EPC is not required if the same tenant has been in occupation of the property since before 1 October 2008.

Small HMO Selective

There is no legal requirement to provide an EPC for a property that is occupied as a HMO.  An EPC may exist if the property was previously occupied as a single family dwelling.  If an EPC exists then a copy of it shall be given to each prospective and new tenant of the HMO. 

 

Windows

Mandatory HMO

All windows to habitable rooms in the HMO at first floor level and above shall be fitted with window restrictors that limit the opening of the main opening light of the window to 100mm and which can be over-ridden in the event of using the window as a means of escape in the event of a fire.

Self-certify on application.

Selective

It is recommended that all windows to habitable rooms in the property at first floor level and above shall be fitted with window restrictors that limit the opening of the main opening light of the window to 100mm and which can be over-ridden in the event of using the window as a means of escape in the event of a fire.

Checked via a HHSRS inspection.

 

London Borough of Redbridge Amenity Standards

Mandatory  HMO

The London Borough of Redbridge has adopted amenity standards for the kitchen, bathroom and WC facilities that need to be provided in a HMO such that it can be made suitable for a proposed number of occupiers.

There should be one full set of kitchen, bathroom and WC facilities per 5 persons in the HMO, irrespective of age.

The amenity standards also detail other requirements in HMO’s, for example the provision for space heating and natural ventilation and these will be taken into account when determining the maximum number of persons that can occupy a HMO.

Single Household Selective

There are no amenity standards for properties occupied by a single household.

Small HMO Selective

The London Borough of Redbridge has adopted amenity standards for the kitchen, bathroom and WC facilities that need to be  provided in a HMO such that it can be made suitable for a proposed number of occupiers.

There should be one full set of kitchen, bathroom and WC facilities per 5 persons in the HMO, irrespective of age.

The amenity standards also detail other requirements in HMOs, for example the provision for space heating and natural ventilation.

The amenity standards will be taken into account when determining the maximum number of persons that can occupy a HMO.

 

Property licensing fees

Mandatory  HMO

The licence fee depends on the number of households.

Please see mandatory HMOs for full details.

Selective

The Selective licence fee applies for single households and small HMO's up to 4 unrelated persons.

Please click on Fee link for further information. 

 

Further landlord(s) responsibilities

This is a legal requirement if a tenancy deposit has been taken from the tenant. The deposit must be held in a government regulated scheme as follows:

  • Tenancy Deposit Scheme (TDS Ltd)
  • Deposit Protection Service (DPS)

A certificate confirming that the deposit has been held in an approved scheme must be provided to a tenant.

Self certify on application.

 

References from tenants (for landlord use only)

Licence conditions state that tenant references will need to be kept for a period of time.

 

Legal requirement.

“How to Rent Guide” – must be given to tenants at the start of tenancy.

 

The Management of Houses in Multiple Occupation (England) Regulations 2006 apply to all houses which are occupied by three or more unrelated people where one or more basic amenities (WCs, bathrooms, kitchens) are shared.  HMO owners and managers must ensure that their accommodation is adequately managed in accordance with these requirements which reflect the additional risks and responsibilities associated with managing this type of accommodation.

The Management of Houses in Multiple Occupation (England) Regulations 2006 impose duties on managers of HMOs to:

  • provide contact details to each household and have them on display in a prominent position within the property
  • ensure that all means of escape from fire are maintained and kept free from obstruction, all fire precautions are maintained  and that steps are taken to protect occupants from injury
  • maintain water supply and drainage
  • ensure annual gas safety checks are carried out
  • not unreasonably interrupt gas or electricity supply
  • maintain in repair and keep clean all common parts and installations, and ensure common parts have adequate lighting
  • ensure each unit and furniture are clean at the start of each occupation and maintain the internal structure and installations in each letting
  • provide adequate waste storage facilities and ensure that there is appropriate collection of waste

Single Household Occupation Selective

The selective licence for the property  should be displayed in the property. 

Small HMO Selective

Please follow the Management of Houses in Multiple Occupation (England) Regulations 2006 which apply to all houses which are occupied by three or more unrelated people where at least one facility is shared.

For further information, please read section under Mandatory HMO best practice: The Management of Houses in Multiple Occupation  (England) Regulations 2006.

Section 257 HMOs (Licensable only in Selective Wards)

Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007apply to houses converted into self-contained flats, as defined by s257, Housing Act 2004 (known as section 257 HMOs).  It is a criminal offence to breach HMO management regulation.

For section 257 HMOs, the manager's duty only applies to parts of the HMO over which it is reasonable to expect the manager to have control.  The manager's duty to maintain or keep in repair should be carried out to a reasonable standard, taking into consideration factors such as the age, character and prospective life of the house and its location.

 

Mandatory HMO

Under section 66 of the Housing Act 2004 a person is deemed to be a Fit and Proper person to be a licence holder having regard to the matters detailed in sub-section 2 (a) to (d) of that section and sub-section (3c) of that section.

Selective

Under section 89 of the Housing Act 2004 a person is deemed to be a Fit and Proper person to be a licence holder having regard to the matters detailed in sub-section 2 (a) to (c) of that section and sub-section (3c) of that section.