Housing

Licence summary

If you rent out a property for house in multiple occupancy (HMO), you may require a licence from your local authority.

A house in multiple occupation (HMO) means a house that is occupied by persons who do not form a single household and where there is usually some sharing of facilities such as kitchen, bathroom or shared access. Examples of HMO include shared houses, bedsits and buildings converted into flats.

HMO properties play an important role in providing cheap and flexible accommodation in the private rented housing market. Unfortunately, many of the worst housing conditions can be found in these properties and due to the nature of occupation and typical layout of the buildings can pose a significant fire risk to occupants.

Additional safety requirements apply to all HMO properties particularly relating to fire safety, overcrowding and provision of amenities. The Council actively identifies HMO dwellings and takes action to ensure they meet the current standards, larger HMO properties are subject to routine inspection.

In late 2004 the Government introduced a mandatory licence scheme for HMO's consisting of 3 storeys or more and 5 or more occupants. If you own or manage such a property you should contact us with a view to registering your details, failure to apply for a licence may constitute an offence punishable by fine of up to £20,000.

Eligibility Criteria

Applications must be made to the local housing authority.

A fee maybe charged.

You must be a fit and proper person to hold the licence.

Application Evaluation Process

Licences will be granted if:

• the house is or can be made suitable for multiple occupation
• the applicant is a fit and proper person and the most appropriate person to hold the licence
• the proposed manager has control of the house, and is a fit and proper person to be the manager
• the management arrangements are satisfactory

Will Tacit Consent Apply?

No. It is in the public interest that the authority must process your application before it can be granted.  If you have not heard from Malvern District Council within 16 weeks, please contact us on 01386 565631.

How to pay online

The fee for a licence from 1 April 2021 has been set by the council and you will need to pay the full licence fee upon submission of your application, each licence could last for five years.

Houses in Multiple Occupation - Pay Online

Please contact your Local Authority in the first instance.

You may appeal to a residential property tribunal.

Any appeal must be made within 28 days of the decision being made.

Licence Holder Redress

Please contact your Local Authority in the first instance.

You may appeal to a residential property tribunal regarding conditions attached to a licence or any decision to vary or revoke a licence.

Any appeal must be made within 28 days of the decision being made.

Consumer Complaint

If a licence is granted and you wish to appeal against it being granted you may do so to a residential property tribunal within 28 days of the decision being made.

Other Redress

Anyone suffering nuisance due to noise, smells or similar because of a commercial premises should email Worcestershire Regulatory Services This email address is being protected from spambots. You need JavaScript enabled to view it. to see if they can help (email , phone 01905 822799).

Trade Associations

British Property Federation (BPF)

Propertymark

What is an HMO?

Your property is an HMO if both of the following apply:

• at least 3 tenants live there, forming more than one household
• toilet, bathroom or kitchen facilities are shared

Do I need an HMO licence?

If you rent a property to five or more people, not from the same household and they share facilities you must have an HMO licence.

Apply for a HMO licence

Make your application to the Private Sector Housing department for an HMO licence. Your payment can be submitted online as part of your application.

Read the Licensing Online Application page to support your application. Please note: we are no longer processing paper applications.

Licensing renewal

If you renewing your licence for another year, then complete the HMO licence renewal application form and return it back to This email address is being protected from spambots. You need JavaScript enabled to view it..

Licence fee

HMO Licence fees from 1 April 2024

Report an unlicensed HMO property

Has my landlord applied for a licence?

spreadsheet View Public Register (MHDC) (20 KB)

Further information

Exemptions

Properties under the management or control of a local housing authority, a registered social landlord or certain other public bodies

Properties regulated under other enactments such as children's homes, care homes and bail hostels

Students studying a full time course of further education and higher education at a specified education establishment which manage the building and the specified education establishment is subject to an approved Code of Practice

Properties occupied for the purpose of a religious community whose main occupation is prayer, contemplation, education or the relief of suffering

Properties occupied by a resident landlord, family and not more than 2 unrelated persons

Properties occupied by only two persons each of who form a separate household.

Fire safety

HMO's have a higher risk of fire than single family dwellings due to increased occupancy, multiple ignition sources, vulnerable occupants, poor construction and lack of fire prevention measures.

Fire safety is included in the Housing Health and Safety Rating System (HHSRS) and is inspected by the Council.

Basics precautions:

• Remove polystyrene ceiling tiles
• Discourage use of portable gas or liquid heaters
• Ensure that the electrical wiring is safe
• Ensure that gas appliances are tested annually by a Gas Safe Engineer
• Ensure regular maintenance of all fire apparatus, fire alarms and emergency lighting in line with the current British Standards
• Provide a sensible internal layout
• Fire resistant surface finishes
• Property regularly inspected for disrepair
• Keep escape routes free from obstruction
• Hereford and Worcester Fire Authority also inspect HMO's communal areas under the Regulatory.

HMO standards

The minimum room sizes for HMO properties with 5 or more sharing are:

• 6.51 m² for one person over 10 years of age
• 10.22 m² for two persons over 10 years of age
• 4.64 m² for one person under the age of 10 years - will be a mandatory condition that any room of less than 4.64 m² may not be used as sleeping accommodation.

A guide to understanding the basic standards for HMO properties - Standards for Houses of Multiple Occupation Guide 

Regulations

The Management of Houses in Multiple Occupation (England) Regulations 2006

A manager of a HMO has a duty to manage the house under the above legislation. These regulations include bedsits, shared flats and houses, buildings not fully converted into self contained flats, hostels and guest houses.

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 also include Section 257 HMO's.

Both pieces of legislation have very similar managerial requirements. This includes:

• The manager is to provide his/her name, address and telephone number to all occupants and to display this in a prominent position.
• All means of escape from fire to be kept free from obstruction
• Fire alarms and fire fighting equipment to be kept in good order
• Take all reasonable steps to ensure the safety of the occupiers. This includes protecting the occupants from falls from low window sills, balconies and roofs.
• To ensure that the water supply and drainage system is maintained in a good, clean working condition. Including water fittings liable to damage from frost to be protected.
• To provide a copy of the latest Gas Safe certificate and electric wiring test certificate within seven days of the Council requesting it. The electrical wiring must be tested at intervals not exceeding five years by a qualified person. These supplies must not be unreasonably interrupted.
• Maintain the common parts, fixtures, fittings and appliances in good order, clean decorative repair and free from obstruction. This includes handrails, stair coverings, windows and adequate lighting.
• Maintain common outbuildings, yard and forecourt in good order
• Gardens, boundary walls, fencing and railing to be kept in good safe condition.
• Living accommodation to be kept in good repair.
• Provide proper facilities and arrangements for refuse storage and disposal.

Who is the Manager?

• The owner of the property, or
• A person receiving rent or other monies.

The manager must give at least 24 hours notice to access the property unless there is an emergency. If reasonable access is refused the manager should get advice from a solicitor or a professional organisation before taking further action.

Records should be kept by the manager to demonstrate an effective management system.

Tenant Responsibilities

The tenant may be responsible under terms of a tenancy agreement but under the Regulations the manager is responsible for ensuring that things are put right when problems occur. This is because the failure of one tenant can result in the other tenants being put at risk.

Under the above Regulations the tenant responsibilities are:

• Take care not to hinder the manager in the performance of their duties.
• Allow access to the manager at reasonable times so that he/she can carry out his duties.
• Provide information which the manager may require to comply with his/her duties.
• Take care to avoid damaging the property
• Comply with the managers arrangements for the storage and disposal of rubbish
• Comply with the manager's reasonable instructions in respect of means of escape from fire, prevention of fire and use of fire equipment.
• These responsibilities are usually more appropriate to pursue by the manager under his/her powers under the tenancy agreement.

Waste disposal

As part of the new requirements for a HMO licence, you must comply with any local waste policy relating to the storage and disposal of the household waste pending collection from the HMO.

Useful documents:

• pdf A guide for tenants and landlords (193 KB)
• pdf Landlords: do you need a property licence? (278 KB)
• pdf Landlords: fire safety leaflet (97 KB)
• pdf Standards for HMOs (1.43 MB)
• pdf Tenants: Does you landlord need a licence? (259 KB)
• pdf The housing health and safety rating system (1.44 MB)

We offer a range of support and advice to people who own their own home, those who rent privately or from housing associations or those looking for a home.

On this page you will find information about the most common topics we get asked for advice on.

If you are a landlord looking for advice, then we can also help. Visit our dedicate advice for landlords page for more information.

Your rights if you are renting

From the start of a tenancy, you have certain rights. If you are renting a room, a flat or a house from a private landlord you should ensure the following information is provided:

• Assured Shorthold Tenancy (ASTs) - even if you do not have a tenancy agreement, you still have rights
• Energy performance certificate
• Gas safety certificate
• Which safety deposit scheme is being used

It's your landlord's responsibility to repair most of the repairs in your home, you should notify them of any problems. Do not wait until the problem gets worse as it may cost more to correct. Read our procedure on enforcing housing standards.

Read more about your rights when renting privately on the Government’s website.

The Housing Ombudsmen has produced a guide to tenants’ rights when renting from social landlords (this includes housing associations).

Affording your rent or mortgage

If you are struggling to afford your rent then find out if you are entitled to receive housing benefit to cover all or some of the costs. Use a housing benefit calculator or make a housing benefit application, to see if you qualify.

View GOV.UK housing benefit calculator.

You can also speak to the National Housing Advisory Service for advice if you are struggling with debt or if you are having difficulty paying your rent or mortgage due to recent increases Use the NHAS (National Housing Advisory Service).

You can also read advice on what to do if you can’t pay your mortgage from Citizens’ Advice.

You can also find a range of information and more organisations you can contact on our Money Advice page.

Your landlord’s right to enter your home

There is a term in a tenancy agreements, under the Rent Act 1977 and the Housing Act 1988, that the tenant will let the landlord have access to the property and all reasonable facilities to carry out repairs which the landlord is entitled to do.

The landlord or agent is entitled to carry out periodic tenancy inspections.

The landlord or agent authorised by the tenant, at reasonable times of the day, can enter the property to inspect its condition and state of repair. They must give the tenant at least 24 hours notice in writing before they carry out such an inspection.

Dealing with pests in your home

If you are renting then you should contact your landlords as it is their responsibility to deal with the removal of pests.

If you own your own home and are receiving certain benefits, you may be able to get issues with rats, mice, fleas, cockroaches, bedbugs and wasps dealt with for free.

Find out more about free pest control from Worcestershire Regulatory Services.

If you own your own home and are not receiving the qualifying benefits then you will need to pay a private company to have the issue dealt with.

You can Find a Pest Controller on the British Pest Control Association website.

I am being harassed or threatened with illegal eviction by my landlord

If your landlord wants you to leave the property you are renting then they must follow the legal rules to lawfully evict you.

The rules vary according to your circumstances, but often mean that you will be given a written Notice to Quit or Notice of the Landlord’s Intention to Seek possession. These must be followed by a Possession Order obtained in the County Court.

An overview of the rules on evicting tenants can be found on the Government’s website.

Some landlords, if they cannot evict their tenants legally, will try to get them out by committing acts calculated to make them leave their home. This is called harassment. Examples of harassment include:

• Interfering with essential services such as the gas, electricity or water supply, etc.
• Threatening you with violence.
• Interfering with your possessions.
• Making you hand over the key to your home.
• Making you sign an agreement reducing your legal rights.
• Preventing access to shared facilities such as kitchen, bathroom and WC etc

Some landlords may force or lock their tenants out without following the correct legal procedures, usually when they do not have proper grounds for eviction. This is called illegal eviction.

As a council we have powers we can use to take action against landlords who act in this way. There are also actions you can take.

You can take private civil action against your landlord. A solicitor’s help may be free if you qualify for legal aid. Your solicitor may decide to apply to the Court for an injunction or Court Order to force your landlord to let you back into your home and/or stop harassing you.

In an emergency, an injunction can be obtained in a few hours but will normally take several days. An injunction is the most effective remedy if you are seriously troubled by your landlord. If it is disobeyed, the landlord risks possible imprisonment. Your solicitor may be able to sue the landlord for damages, for the trouble and inconvenience you have suffered and for any expenses, and to pay for any damage to your personal property.

If your landlord causes you serious problems after office hours, the police can sometimes intervene to prevent a breach of the peace.

Important: If your landlord claims to know the law and tells you that you must leave, DO NOT GO. Get advice immediately from us or a solicitor.

How to contact us

If you think your landlord is acting illegally in the way they are trying to evict you then please call our Housing Needs team on 01386 565020 or email This email address is being protected from spambots. You need JavaScript enabled to view it.. It can take a few days to reply to emails so if the situation is urgent please call us.

I am experiencing domestic abuse

If you are a victim of domestic abuse, call the National Domestic Violence 24 hour helpline on 0808 2000 247.

You can also see our dedicated domestic abuse page for more advice and support.

Overcrowding

Your home is overcrowded if:

• 2 people of a different sex have to sleep in the same room
• they are aged 10 or over 

This doesn't apply to couples who share a room. Children under 10 are not counted.

Any room you can sleep in counts. Living rooms, dining rooms and studies count as rooms you can sleep in.

Find out more about overcrowding and what your options are on the Shelter website.

Welcome to Malvern Hills Lettings

We provide a social lettings service that matches tenants in need of affordable housing with privately rented homes.

Accessing privately rented accommodation can be difficult, as private rents are high and not always affordable. Our housing officers have built up a good working relationship with local private landlords and agents.

• Matching Service
• Interest free loan
• Managed lettings option

For landlords

• Tenant match service at no charge 
• Assisted letting service is chargeable, but includes help with not only matching a tenant to your property but ensuring the property is of the right standard. We check that the right paperwork is in place, such as the tenancy agreement, inventory and schedules with photographs. An exit inspection is also offered, for when a tenancy ends.
• Managed service is chargeable and includes all of the above, along with the day to day management of the tenancy. This involves dealing with any problems which may arise and acting as an intermediary between the landlord and tenant. Quarterly inspections are carried out and feedback is provided to the landlord. This service is proving very popular with landlords.

For tenants 

• We provide a service to prospective tenants that involves working with you to find suitable and affordable privately-rented home.
• If you struggle to find the deposit, an application can be made to the rent deposit scheme (operated by the council) which, if awarded, can issue you with an interest free loan.

Events

To register your interest in our services or events, please complete the form below or use the contact details provided.

Register your interest

Contact us:
Sarah Cook: 01386 565114 This email address is being protected from spambots. You need JavaScript enabled to view it. 

Sharon Dalley: This email address is being protected from spambots. You need JavaScript enabled to view it.