Houses in Multiple Occupation Act (Northern Ireland) 2016 What - - PowerPoint PPT Presentation
Houses in Multiple Occupation Act (Northern Ireland) 2016 What is an HMO? a) Accommodation separate dwelling (house or flat) or single ownership, and share basic amenities b) Persons 3 or more persons, and 4
Houses in Multiple Occupation Act (Northern Ireland) 2016
What is an HMO?
a) Accommodation
b) Persons
c) Households
personal care)
a) Rents
the occupation of at least one occupant
4 components
What’s not an HMO?
bodies etc.
Quality Improvement Authority
educational establishment (Accreditation scheme)
forces
Not HMOs
Requirement for HMOs to be licensed
“An HMO licence must specify a) the HMO to which it relates, b) the council which issued it, c) The number of persons who are authorised by the licence to occupy the HMO as their only or main residence d) The owner of the HMO, e) Any managing agent of the HMO, and f) Any conditjons which the council has decided to include in the licence under sectjon 14 Every house in multjple occupatjon (“HMO”) must be licensed under this Act (unless a temporary exemptjon notjce under sectjon 15 is in efgect in respect of it)
You must licence it before
Grantjng a HMO licence
a) The occupatjon of the living accommodatjon as an HMO would not constjtute a breach of planning control c) The grantjng of the licence will not result in
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Planning & HMOs
Planning Context The Planning (Use Classes) Order (NI) 2004 includes Houses in Multjple Occupatjon as a sui generis use. This means that a change of use to a HMO (from the introductjon of the Order on 29th November 2004) requires planning permission in all instances. HMO Act (NI) 2016 Refusal of Applicatjon: Breach of Planning Control New applicatjons without planning will be refused by the council in accordance with paragraph 5 to 7 of Schedule 2 (breach of planning control) The Planning Act (Northern Ireland) 2011 131—(1) For the purposes of this Act— (a) carrying out development without the planning permission required; or (b) failing to comply with any conditjon or limitatjon subject to which planning permission has been granted, constjtutes a breach of planning control. H M O A c t ( N I ) 2 1 6 T h e c
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Publicatjon of applicatjon
The Houses in Multjple Occupatjon (Notjce of Applicatjon) Regulatjons (Northern Ireland) 2019
The applicant for a licence for a house in multjple occupatjon (HMO) shall, not later than 7 days beginning with the date of that applicatjon – a) Cause notjce of that applicatjon to be published at your
locality of the HMO1; and b) Supply a copy of each notjce to the NI HMO Unit who act
The notjce must include the following informatjon -
(a) the name of the applicant2; (b) the address of the HMO to which the notjce relates; (c) the proposed occupancy level; (d) the council district in which the HMO is situated (e) the contact details for NI Houses in Multjple Occupatjon Unit to which any representatjons should be submitued. 2. The Houses in Multjple Occupatjon Act (Northern Ireland) 2016, In accordance with Sectjon 8(1) an applicatjon for an HMO licence is to be made to the council by the owner of the living accommodatjon in questjon. 1. The Houses in Multjple Occupatjon (Notjce of Applicatjon) Regulatjons (Northern Ireland) 2019. In accordance with Regulatjon 5 the council may exclude an applicant from the requirement to publish notjce of an applicatjon if it is satjsfjed that publishing such a notjce would be likely to jeopardise the safety or welfare of any persons or the security of any premises.
Standard Licensing Conditjons
for Houses in Multjple Occupatjon (HMOs) in Northern Ireland
Sectjon 1 Introductjon Sectjon 2 Permitued Occupancy Sectjon 3 Safety Certjfjcatjon and Declaratjons Confjrming Compliance Sectjon 4 Adequate Security Arrangements Sectjon 5 Heatjng and Energy Performance Sectjon 6 Physical Standards Sectjon 7 Satjsfactory Management Arrangements Sectjon 8 Rubbish and Environmental Consideratjons Sectjon 9 Antj‐Social Behaviour Sectjon 10 Variatjon of a Licence or Change of Details or Circumstances Sectjon 11 Competency Training Sectjon 12 Legislatjve Authority
Sectjon 3 – Safety certjfjcatjons & declaratjons
confjrming compliance
Safety of Electrical Installatjons
Electrical Installatjon Conditjon Report (EICR) is produced at intervals of no more than fjve (5) years
Carbon Monoxide Alarms
The CO alarm must be fjtued in the correct locatjon and not have passed, or be shortly about to pass, beyond its lifetjme.
Chimneys, Flues and Fuels
The licensee shall ensure that any chimneys/fmues that are in use must be cleaned annually.
Safety of Electrical Appliances
All portable electrical appliances provided by the landlord must be maintained in a safe conditjon and proper working order. (Annual PAT tests)
Safety of Furniture
The licensee shall ensure that any furniture made available by them in the house is kept in a safe conditjon and proper working order at all tjmes.
Sectjon 4 – Adequate security arrangements
Security Repairs
So far as reasonably practjcable, any emergency works necessary to protect the security of the accommodatjon are undertaken within 24 hours of notjfjcatjon
Windows
All ground fmoor and accessible windows must have secure locks. Where window locks are fjtued, window keys shall be provided to the occupants of the accommodatjon. Emergency egress windows shall not be lockable with a key
Final Exit Doors
All fjnal exit doors shall be fjtued with a thumb turn mortjce lock, or equivalent, to fjve lever security level. The lock shall be operable from the inside without the use of a key.
Sectjon 5 – Heatjng & energy performance
Heatjng
All units of accommodatjon must be equipped with adequate means of space heatjng ‐ It must be capable
The heatjng must be available at all tjmes and must be under the control of the occupant.
Energy Performance Certjfjcates (EPC’s)
The licensee shall ensure that during the duratjon of the licence the property has an Energy Performance Certjfjcate with a minimum E ratjng for energy effjciency.
Sectjon 6 – Physical standards
Fitness for human habitatjon
During the period of licence the licensee shall ensure that the accommodatjon meets the requirements for human habitatjon as set out in Artjcle 46 of the Housing (NI) Order 1981, or any re‐enactment or statutory modifjcatjon.
Living accommodatjon standards
During the period of the licence the licensee shall ensure that the accommodatjon meets the requirements of the Houses in Multjple Occupatjon (Living Accommodatjon Standard) Regulatjons (Northern Ireland) 2019
Hazard regulatjons
During the period of the licence the licensee shall ensure that the accommodatjon meets the requirements of the Houses in Multjple Occupatjon (Hazards) Regulatjons (Northern Ireland) 2019
Sectjon 7 – Satjsfactory management arrangements
Reasonable Access
The licensee shall permit the council reasonable access to the accommodatjon for the purpose of exercising or considering the exercising of any of its statutory powers in accordance with the Houses in Multjple Occupatjon Act (Northern Ireland) 2016.
Code of Practjce for the Management of Houses in Multjple Occupatjon
The licensee shall ensure that the accommodatjon shall be managed in accordance with the “Code of Practjce for the Management of Houses in Multjple Occupatjon”. The managing agent shall cause to be displayed a copy of the code in a prominent positjon in the HMO The manager shall clearly displayed in a prominent positjon in the HMO a notjce containing the name, address and any telephone contact number, of the person (or each person) who is the manager of the house, describing him as manager, and where appropriate, as agent or trustee for receipt of rents.
Sectjon 7 – Satjsfactory management arrangements
Repairs
The licensee shall introduce a repair categorisatjon system for responding to repairs, namely
Informatjon pack
The licence holder shall provide the occupier(s) of the accommodatjon with an informatjon pack containing the following details:
certjfjcates. c. Details of the procedures to be followed in the reportjng of antj‐social behaviour (ASB).
the licence conditjons
f. Relevant informatjon about the rent deposit scheme.
Sectjon 8 – Rubbish & environmental consideratjons
Rubbish
c. At the beginning of a tenancy, the licensee shall provide writuen informatjon/guidance to the occupiers
Environmental consideratjon
else) are retained free from graffjtj. f. All external gardens, yards or enclosures within the curtjlage of the accommodatjon are kept reasonable free from lituer.
Sectjon 9 - Antj‐social behaviour
ASB Plan/Guide
behaviour linked to licensed premises, either directly or indirectly which is caused by or afgects their tenants.
resolve the matuer
Council guidance
Please refer to ‐ Tackling Antj‐Social Behaviour in HMO propertjes, A Guide for Owners and Managing Agents.
LANI Submitued a drafu plan for consideratjon by the council, the council have a number of issues which we will be
raising with the LANI HMO sub‐group over the next few days.
Sectjon 11 – Competency training
Training
The owner of the HMO or the managing agent shall atuend a training course in relatjon to the “Code of Practjce for the Management of Houses in Multjple Occupatjon” approved under Sectjon 63 of the Houses in Multjple Occupatjon Act (Northern Ireland) 2016 before 1st December 2020 and shall renew such training every 3 years
Training development
The training is currently being developed with the antjcipatjon that the fjrst courses will be rolled out Sept/Oct 2019
Checklist of required documentatjon
Online applicatjon form Applicatjon fee Electrical installatjon conditjon report Fire alarm & detectjon system installatjon or servicing certjfjcate Emergency lightjng system installatjon or servicing certjfjcate (if applicable) Current portable appliance test (PAT) certjfjcate Energy performance certjfjcate with a minimum E ratjng for energy effjciency. Gas safety certjfjcate (if applicable) Date of CO detector installatjon (if applicable) A declaratjon as to the conditjon of any chimneys/fmues and date they were last cleaned (if applicable) Fire risk assessment (benchmark to the “HMO Fire Safety Guide” – Recommended standard PAS79) Personal emergency evacuatjon plans (Peeps) for any disabled or vulnerable occupants Proof of suffjcient funding arrangements Antj‐social behaviour plan Publicatjon of notjce of applicatjon
Subordinate Regulatjons
The Houses in Multjple Occupatjon (Commencement and Transitjonal Provisions) Order (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/39/contents/madeThe Houses in Multjple Occupatjon (Notjce of Applicatjon) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/38/contents/madeThe Houses in Multjple Occupatjon (Space Standard) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/37/contents/madeThe Houses in Multjple Occupatjon (Specifjed Educatjonal Establishments) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/36/contents/madeThe Houses in Multjple Occupatjon (Fees) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/34/contents/madeThe Houses in Multjple Occupatjon (Hazards) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/33/contents/madeThe Houses in Multjple Occupatjon (Code of Practjce) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/32/contents/madeThe Houses in Multjple Occupatjon (Living Accommodatjon Standard) Regulatjons (Northern Ireland) 2019
htup://www.legislatjon.gov.uk/nisr/2019/31/contents/made HMO Fire Safety
Fire Safety Guide
Notes
c. “Perko” door closure are not acceptable
Fire risk assessments