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The responsibilities and duties of the manager of the HMO are contained in
The Management of Houses in Multiple Occupation (England) Regulations 2006, which are summarised below
Managers' duties
These Regulations place a number of duties upon the manager of a house in multiple occupation, HMO. These duties include:
Duty to provide information to occupiers
The name, address and telephone number of the manager must be provided to each household in the HMO, AND the same information must be clearly displayed in a prominent position in the HMO.
Duty to take safety measures
Means of escape from fire must be kept free of obstruction and kept in good order and repair
Fire fighting equipment and alarms must be kept in good working order
Notices indicating the location of means of escape from fire must be displayed so they are clearly visible to all occupiers.
All reasonable steps should be taken to protect occupiers from injury with regard to the design of the HMO, its structural condition and the total number of occupiers. In particular, in relation to any unsafe roof or balcony they must be made safe or all reasonable measures taken to prevent access to them and in the case of windows with sills at or near floor level safeguards must be provided to protect occupiers.
Duty to maintain water supply and drainage
These must be maintained in proper working order - namely in good repair and clean condition. Specifically, storage tanks must be effectively covered to prevent contamination of water and pipes should be protected from frost damage.
Duty to supply and maintain gas and electricity
These should not be unreasonably interrupted.
All fixed electrical installations must be inspected and tested by a qualified engineer at least once every 5 years and a results certificate obtained.
The latest gas appliance/s test certificate/s and electrical test results certificate/s must be provided to the council within 7 days of the council making a written request for such.
Duty to maintain common parts, fixtures, fittings and appliances
All common parts must be kept clean, safe, in good decorative repair and working order and free from obstruction. In particular handrails and banisters must be provided and kept in good order, any stair coverings securely fixed, windows and other means of ventilation kept in good repair and adequate light fittings available at all times for every occupier to use.
Gardens, yards, outbuildings, boundary walls/fences, gates, etc., which are part of the HMO should be safe, maintained in good repair, kept clean and present no danger to occupiers.
Duty to maintain living accommodation:
The internal structure, fixtures and fittings, including windows and other means of ventilation, of each room should be kept in good repair and in clean working order. Each room and all supplied furniture should be in a clean condition at the beginning of the tenant’s occupation.
Duty to provide waste disposal facilities
No litter should be allowed to accumulate, except for that stored in bins provided in adequate numbers for the requirements of the occupiers. Arrangements need to be made for regular disposal of litter and refuse having regard to the Council’s collection service.
Duty to inform the council about occupancy of the HMO
If required to do so, the manager shall provide details of individuals and households accommodated in the HMO.
The Regulations require that the specified standards of management are achieved and maintained. If a manager fails to meet those standards, the Council may prosecute immediately (maximum fine £5000 for breach of each Regulation) or serve a notice requiring that the manager comply with the Regulations. If the manager were not to comply with such a notice, the Council again may prosecute (maximum fine £5000) and/or they may carry out the necessary works themselves and recharge the manager for the cost of works, plus the Councils costs and interest.
Please note: This guide is not an authoritative interpretation of the Regulations. You should refer to the Regulations themselves for a full statement of the requirements.
Ref: ISBN 011 074074 2, or you may view/download the Regulations at www.opsi.gov.uk where there is also a frequently asked questions section.
The Regulations also place a number of duties upon the occupiers of a house in multiple occupation, HMO. These duties include:
Occupiers duties
- Not to obstruct the manager in performance of his or her duties
- Allow the manager access at all reasonable times to the accommodation for the purpose of carrying out his or her duties.
- Provide information to the manager which would be reasonably expected to enable him or her to carry out their duties.
- Act reasonably to avoid causing damage to anything the manager is under a duty to supply, maintain or repair.
- Store and dispose of litter/refuse as directed.
- Comply with reasonable instructions of the manager as regards any fire escape, fire prevention measures and fire equipment.
The Regulations require that the specified duties are met and maintained. If an occupier breaches their duties under the Regulations it is likely to put their tenancy at risk, and may result in legal action being taken against him or her by the landlord.
Please note: This guide is not an authoritative interpretation of the Regulations. You should refer to the Regulations themselves for a full statement of the requirements.
Ref: ISBN 011 074074 2, or you may view/download the Regulations at www.opsi.gov.uk where there is also a frequently asked questions section.
The Regulations also place duties on the Manager of your HMO. If your landlord or manager has not provided you with a summary copy of his or her duties, you can obtain a copy from the Private Sector Housing Team
Contact details
South Derbyshire District Council
Private Sector Housing Team
Environmental Health
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH
Tel: 01283 221000
Fax: 01283 595855
Online: contact form
email: privatesectorhousing@south-derbys.gov.uk
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