Houses in Multiple Occupation (HMO's)

In this section

  1. What is a HMO?
  2. Mandatory Licensing
  3. HMO Standards
  4. Fire Safety for HMO's
  5. Fees and charges
  6. Applying for a HMO Licence
  7. Planning Rules for HMO's
  8. HMO Enforcement
  9. HMO Register
  10. Report an Unlicensed HMO
  11. Reporting a disrepair in HMO
  12. Varying a HMO license
  13. Buying and selling a HMO
  14. Revoking a HMO licence
  15. FAQ's - houses in multiple occupation

HMO Enforcement

We may take enforcement action in regards to HMOs in regards to the following:

  1. Section 72 Offence, failure to licence a HMO, that is required to be licensed
  2. Failure to comply with the HMO management regulations
  3. Poor property condition and disrepair, Housing Act 2004

In most cases we will give 24 hours' prior notice of inspections. However, if we suspect an offence is being committed relating to HMO legislation we can inspect without giving any prior notice. In either case, if we are refused access we can apply to the Magistrates' Court to obtain a warrant. This allows us to enter by force if necessary.

Once we have inspected, we may serve legal notices requiring work to be completed, or information to establish exactly how the property is being occupied and managed. Failing to comply with these notices is an offence.

The investigation process may also include formal interviews under caution, gathering witness statements, and information sharing with other enforcement agencies.

Each case is judged on its own merits and in accordance with our HMO Enforcement Policy and PSH Enforcement Policy and our Civil Penalties Protocol. A copy of these policies can be requested by emailing hmoadvice@stoke.gov.uk

The local authority has the option to offer a simple caution, prosecution via the courts or the serving of a fixed penalty notice.

Landlords cannot regain possession of their property using Section 21 Notices whilst an HMO remains unlicensed.