Richmond.gov.uk
My Account
  1. Open Richmond
  2. Information about the Council
  3. Freedom of Information

FOI request details

Back

Request

Subject: Policy on Guest Houses

Reference: LBR-FOI-00382

Please provide a copy of the Local Authority's policy on when a Guest House (or similar) becomes, in the LA's opinion an HMO and therefore subject to HA 2004.

This question is raised in particular with regard to the considerable number of Guest Houses which house 'homeless' persons on a temporary or short term basis whilst permanent accomodation is found for them.

The policy (or additional notes) should explain how the LA judges whether each such individual is a "guest on licence" or a "tenant on implied AST".

Please note this request is being made to multiple Local Authorites

Any additional information that would help this firm in explaining to landlords your LA's distinctions (and therefore their liabilities within your LA area) would be welcomed.

Response

Full Disclosure - 26 January 2023

The private sector housing team does not have a 'policy on when a Guest House (or similar) becomes, in the LA's opinion an HMO and therefore subject to HA 2004'.

HMOs are defined under sections 254 and 257 of the Housing Act 2004. HMOs include house and flat shares, student homes, bedsits and some buildings converted into self-contained flats.

Section 254 provides requirements in the 'standard test' which includes the requirement that accommodation has to be used by a person as their only or main residence and that rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation.

Exemptions to HMO licensing are provided in Schedule 14 Housing Act 2004. The exemptions set out in Schedule 14 include;

  • Buildings owned or managed by a public body (such as the NHS or police), a local housing authority or a registered social landlord.

  • Buildings which are already regulated such as care homes, bail hostels

  • Certain buildings that are controlled or managed by a co-operative society

    The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 also provides exemption to HMOs that are managed by a charity registered under the Charities Act 2011 and which is a night shelter, or consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.

    The private sector housing team does not issue or have any involvement in any types of tenancy agreements.

Please note that our responses were accurate to the best of our knowledge at the time of release, and have not subsequently been updated. This information should be considered an historical record only.