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 components only or main residence c) Households • 3 or more households ( family or provide domestic help or personal care) a) Rents • Rents or other considerations is to be provided in respect to the occupation of at least one occupant

“ ” What’s not an HMO? • Buildings controlled or managed by public sector bodies etc. • Establishments regulated by the Regulation and Quality Improvement Authority Not • Buildings occupied by students and managed by educational establishment (Accreditation scheme) HMOs • Buildings occupied by religious communities • Buildings occupied by members of the armed forces • Prisons etc • Buildings occupied by owners

“ ” Requirement for HMOs to be licensed Every house in multjple occupatjon (“HMO”) must be licensed under this Act “An HMO licence must specify (unless a temporary exemptjon notjce a) the HMO to which it relates, under sectjon 15 is in efgect in respect of it) b) the council which issued it, c) The number of persons who are authorised by the licence to occupy the You must licence it before HMO as their only or main residence d) The owner of the HMO, occupying it. e) Any managing agent of the HMO, and f) Any conditjons which the council has decided to include in the licence under sectjon 14

“ ” Grantjng a HMO licence The council may grant the licence only if it is satjsfjed that - , n o tj a d o m m o c c a g n i v i l & e h t t fj f e o r a e r t , n i w f o o t e n h e T g a ) b g n i g a n a m y n ) a 0 1 d a) The occupatjon of the living accommodatjon as an n n a o tj c e S ( s n o s r e p r e p o HMO would not constjtute a breach of planning r p control c) The grantjng of the licence will not result in overprovision of HMOs in the locality – New d) The proposed management arrangements for the living accommodatjon are satjsfactory. applicatjons only e) The living accommodatjon is fjt for human habitatjon and i. Is suitable for occupatjon as an HMO – Sectjon 13, or ii. can be made suitable by including conditjons in the licence under sectjon 14

“ ” Planning & HMOs Planning Context HMO Act (NI) 2016 Refusal of Applicatjon: Breach of Planning Control The Planning (Use Classes) Order (NI) 2004 includes Houses in Multjple Occupatjon as a sui generis use. This New applicatjons without planning will be refused by means that a change of use to a HMO (from the the council in accordance with paragraph 5 to 7 of introductjon of the Order on 29 th November 2004) Schedule 2 (breach of planning control) requires planning permission in all instances. h t The Planning Act (Northern Ireland) 2011 i w a e c s n i a ” d l o ” 131—(1) For the purposes of this Act— r r s o t n c n o c o s a c r e n 6 g P i n 1 t i r (a) carrying out development without the planning 0 a n e 2 h n p t ) a o I s l r N p r P e ( f d o & t c i s permission required; or A h t n i c F O o a “ c e M e l r i b h H c n “ t u ) f (b) failing to comply with any conditjon or limitatjon b o o ( t c ) r 3 e a ( h . p 0 T s 1 a n r subject to which planning permission has been o e tj tu c a e m S t n granted, constjtutes a breach of planning control. a v e t l e n r e m s s e s s a

“ ” Publicatjon of applicatjon The notjce must include the following informatjon - The Houses in Multjple Occupatjon (Notjce of (a) the name of the applicant 2 ; Applicatjon) Regulatjons (Northern Ireland) 2019 (b) the address of the HMO to which the notjce relates; The applicant for a licence for a house in multjple occupatjon (c) the proposed occupancy level; (HMO) shall, not later than 7 days beginning with the date of (d) the council district in which the HMO is situated that applicatjon – (e) the contact details for NI Houses in Multjple Occupatjon a) Cause notjce of that applicatjon to be published at your Unit to which any representatjons should be submitued. own expense in one or more newspapers circulatjng in the locality of the HMO 1 ; and b) Supply a copy of each notjce to the NI HMO Unit who act on behalf of the council 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 1. The Houses in Multjple Occupatjon (Notjce of Applicatjon) council by the owner of the living accommodatjon in 2. 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 questjon. 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 of maintaining a temperature of 21° Centjgrade when the outside temperature is minus 1° Centjgrade. 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.