Regulations a HMO Manager needs to be aware of

Primary statutory references and regulatory sources that govern HMO management duties in England:

1. Licensing & Room Sizes

• Housing Act 2004 (Part 2): Defines Houses in Multiple Occupation (Sections 254–259) and establishes mandatory licensing framework (Section 55) as well as local council additional licensing schemes (Section 56).
• The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 (SI 2018/221): Expanded mandatory licensing to cover any HMO with 5+ tenants from 2+ households, removing the previous “three storey” restriction.
• The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018: Enforces statutory minimum sleeping room sizes ( single,  double) and head-height floor calculation rules.
• Town and Country Planning (Use Classes) Order 1987 / General Permitted Development Order: Governs the distinction between Class C3 (single dwelling), Class C4 (small HMO), and Sui Generis (HMO with 7+ occupants), alongside local council Article 4 Directions.

2. Management & Common Area Duties

• The Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 2006/372): Imposes specific duties on the HMO manager, including:
  • Reg. 3: Displaying the manager’s contact name, address, and telephone number.
  • Reg. 4: Maintaining all fire safety equipment and keeping means of escape clear.
  • Reg. 5 & 6: Maintaining water supply, drainage, gas, electricity, and structural integrity.
  • Reg. 7: Maintaining common facilities, fixtures, and living spaces.
  • Reg. 9: Providing adequate waste disposal facilities.

3. Fire & Health Safety

• Regulatory Reform (Fire Safety) Order 2005 (FSO): Applies to the communal areas of HMOs. Requires the “responsible person” (landlord/manager) to carry out a written Fire Risk Assessment (FRA) and maintain safety controls.
• Housing Health and Safety Rating System (HHSRS) — Housing Act 2004 (Part 1): Sets out hazard standards (e.g., overcrowding, fire, cold) used by local housing officers during property inspections.
• BS 5839-6 (Grade D1/Category LD2): The British Standard specification for fire detection and alarm systems required in HMO residential properties.
• HSE Guidance L8 / Control of Substances Hazardous to Health (COSHH): Governs landlord obligations for Legionella risk assessments and water system testing.

4. Electrical Safety

• Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020: Mandates 5-year EICR checks for all tenancies, enforcing strict failure rectification deadlines (28 days).