Agenda Item: 5B Wolverhampton City Council OPEN EXECUTIVE DECISION ITEM (AMBER) Cabinet (Resources) Panel Date 31.01.2012 Portfolio(s) Originating Service Group(s) Councillor P Bilson Economic Regeneration and Prosperity Education and Enterprise Contact Officer(s)/ Claire Chapman/ Dominic Towey Telephone Number(s) x1788/ x 3245 KEY DECISION: YES/NO Title HMO Amenity and Space Standards IN FORWARD PLAN: YES RECOMMENDATION 1.1 To endorse the Council s amenity standards and revised Homestamp guidance for fire and security protection for Houses in Multiple Occupation. 1.2 To endorse the enforcement of the standards in respect of the relevant provisions of the Housing Act 2004 and Regulations made there under concerning private sector housing, 1.3 To receive future reports detailing the continued implementation of the relevant provisions under the Act including any resource implications.
1. PURPOSE OF REPORT HMO Amenity and Space Standards 1.1. To request Members to consider and endorse the amenity standards shown in Appendix A and the revised Homestamp guidance for fire and security protection for Houses in Multiple Occupation. 1.2. To endorse the enforcement of the standards in respect of the relevant provisions of the Housing Act 2004 and Regulations made there under concerning private sector housing. 2. BACKGROUND 2.1 The Housing Act 2004 and subsequent Regulations and guidance made there-under provide housing standard provisions for multi-occupied properties including the enforcement regime. As Members will be aware, Wolverhampton City Council is part of the Homestamp consortium which operates across the West Midlands with the objective of improving standards and opportunity within the private rented sector including the development of best practice and guidance to be used by member organisations. The membership is made up of local authorities, fire and rescue services, police, private landlords associations, and other stakeholders. In 2006 the Council adopted the Homestamp Guide to Fire and Security Protection in Multi- Occupied residential. This guidance has since been updated to reflect the revised national guidance on fire safety. 2.2 The Homestamp guidance however does not detail the standards to be applied in respect of amenities or space. Consequently Officers within the Private Sector Housing Standards team have drafted the revised standards shown in Appendix A. 2.3 The re-licensing regime for the mandatory licensing of Houses in Multiple Occupation was approved by Cabinet on 5 th October 2011, and it is necessary for the Council to confirm both the standards and the enforcement strategy to be adopted in respect of this. The enforcement provisions safeguard the housing conditions of some of the most vulnerable members of society where the housing provider fails to do so. 2.4 The Council s policy with respect to housing conditions in the private rented sector is based around assisting responsible housing providers in ensuring that their housing meets the necessary standards. This is achieved in many ways including private sector forums, voluntary accreditation schemes, and guidance and advice to achieve the minimum statutory standard. If a provider s property falls below the minimum statutory standards, they are encouraged to work with the Council to bring their properties up to standard without recourse to formal statutory action. In circumstances where the housing provider fails to respond the Council uses the full range of legal powers to ensure improvements are made. Where a failure poses a serious risk to the health, safety or welfare of the occupants, then immediate statutory action is taken. 2.5 Enforcement of the amenity standards is primarily dealt with through prescribing licence conditions for mandatory licensing of Houses in Multiple Occupation. Failure to comply with a licence condition is an offence under the Act. In certain circumstances enforcement may be taken under Part 1 of the Act (Housing Health and Safety rating System). Enforcement of the provisions will be in accordance with the Neighbourhood Renewal Enforcement Policy adopted by Resources Panel on 16 December 2008.
Authorised officers in the Housing Standards Team have been delegated the necessary powers under the Act. 2.6 The Housing Standards Team commenced a consultation exercise on the revised amenity standards at the Private Sector Landlords Forum on 24 th November 2011. At the Forum, Private Landlords were invited to comment on the draft revised amenity standards which were available on the Council website at www.wolverhampton.gov.uk/housing/private/hmo/definitions_standards.htm. Landlords who provided an email address were emailed on 29 th November 2011 a link to the revised standards subject to consultation. These Landlords were advised that the new standards would be considered by Resources Panel on 10 th January 2012 and any representations received would be taken into account. Appendix B details the responses received in relation to this consultation process to date. These responses have been considered and where appropriate amendments made to reflect the comments made and these are highlighted in the Appendix A. 3. FINANCIAL IMPLICATIONS 3.1 This report outlines the Council s amenity standards with respect to private sector housing under the Housing Act 2004. Although there are no direct financial implications for the Council these standards could be included within a schedule of works for both licensed and unlicensed HMOs. This may include a situation where the Council may charge for taking enforcement action and carrying out works in default which will result in the Council incurring charges on privately owned property which will need to be recovered under the Sundry Debtors policy. 3.2 The basic principles are that where housing providers respond positively to addressing substandard housing conditions, the Council will not charge for enforcement action, whereas failure to respond positively may result in further statutory action being taken and enforcement charges being made. 3.3 The amendments to the standards may involve some housing providers in additional expenditure to ensure their properties meet the necessary standards. Although private sector rents are largely set by the housing market it is possible that housing providers may seek to recover their additional expenditure by increasing rents. [JJ/21122011/U] 4. LEGAL IMPLICATIONS 4.1 Part 2 of the Housing Act 2004 ( HA 2004) introduced the requirement for the local housing authority to licence certain categories of Houses in Multiple Occupation. This provision placed a duty on all owners/managers to licence HMOs that were 3 storeys or more, occupied by 5 or more persons who formed more than one household and shared facilities. (There are some exemptions including properties controlled by public bodies, certain properties managed by education establishments, and properties where residential accommodation is ancillary to the principal use of the property). 4.2 There are approximately 1,200 HMOs in the City and it is estimated that there are approximately 125 which are capable of being licensed. 4.3 The purpose of mandatory licensing was to ensure that the higher risk HMOs were being appropriately managed so as to control the risks to the health, safety and welfare of the occupants.
4.4 Where an application is made for a licence the Housing Authority may grant such a licence were they are satisfied certain matters are met to include a HMO being reasonably suitable for occupation by not more than a specified maximum number of households or persons or that it can be made suitable by the imposition of conditions. The test as to suitability for multiple occupation is governed by s65 of the HA 2004. 4.5 Section 65 details that prescribed standards are those contained in regulations and include the standards as to the number, type and quality of (i) bathrooms, toilets, washbasins and showers; and (ii) areas for food storage, preparation and cooking, and laundry facilities. The relevant regulation is Schedule 3 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. 4.6. Members are requested to endorse the amenity standards in Appendix 1. These are primarily based on the Chartered Institute of Environmental Health (CIEH) standards published in 1994. 4.7 With regard to fire and security protection officers continue to work with colleagues across the West Midlands region to a common set of standards which were adopted in 2006 and were subsequently amended in 2009 following the introduction of National Guidance on Fire Safety. Members are requested to endorse the latest revised edition of the document. 4.8 Both the Homestamp guidance and the amenity standards can be applied to both licensed and unlicensed Houses in Multiple Occupation dependant on the size and occupation of the property. [SH/30122011/P] 5. EQUAL OPPORTUNITIES IMPLICATIONS 5.1 This report has significant equal opportunities implications as many people living in the private rented sector suffer multiple deprivation and endure some of the worst housing conditions. The Act introduces significant duties on local housing authorities to improve conditions in this sector however if housing providers seek to recover any additional expenditure by increasing rents it could adversely effect vulnerable households. 6. ENVIRONMENTAL IMPLICATIONS 6.1 The improvement of conditions in the private rented housing sector will encourage investment and may significantly enhance the built environment. 7. SCHEDULE OF BACKGROUND PAPERS Housing Act 2004 and operating guidance and Statutory Instruments ODPM Housing Health and Safety Rating System Guidance Version 2 Neighbourhood Renewal Enforcement Policy Report to Cabinet (Resources) Panel dated 16 th December 2008. Relicensing of Houses in Multiple Occupation Report to Cabinet dated 5 th October 2011
Appendix A WOLVERHAMPTON CITY COUNCIL AMENITY AND SPACE STANDARDS FOR LICENSED AND NON-LICENSABLE HOUSES City Direct 01902 551155 CONTENTS
INTRODUCTION 3 GUIDE TO WOLVERHAMPTON CITY COUNCIL STANDARDS FOR HOUSES IN MULTIPLE OCCUPATION Bedsit type accommodation 5 Shared houses type accommodation 8 Self contained flats 11 Ventilation, Lighting, Heating 14 Water supply 15 Drainage and Disposal of Surface and Waste Water 15 Rubbish and Storage 15 Gas Safety 15 Electrical Installation 15 Soft Furnishings 16 Portable Electrical Appliances 16 Managers Duties 16
Introduction Statutory legislation under the Housing Act 2004 places a duty on the Council to inspect Houses in Multiple Occupation (HMOs). HMOs are inspected either as part of a proactive programme or in response to a service request. This Guide outlines the space and amenity standards that Wolverhampton City Council require within Houses in Multiple Occupation in the City. A separate Guide for fire and security protection in multi-occupied residential properties has been produced jointly with other partner organisations. A copy of this guide is available from www.homestamp.com. What Is A House in Multiple Occupation? Under the Housing Act 2004 a building is a HMO if it meets one of the following tests: An entire house or flat which is let to three or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet. A house which has been converted entirely into bedsits or other non-self contained accommodation and which is let to 3 or more tenants who form 2 or more households and who share kitchen, bathroom or toilet facilities A converted house which contains 1 or more flats which are not wholly self contained (i.e. the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form 2 or more households. A building which is converted entirely into self-contained flats if the conversion does not meet the standards of the 1991 Building Regulations and more than onethird of the flats are let on short-term tenancies. In order to be a HMO the property must be used as the tenants only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges. For further information please refer to www.communities.gov.uk Licensable HMO s A HMO requires a mandatory property licence where: The HMO (or any part of it) comprises of 3 storeys or more; and It is occupied by 5 or more persons (regardless of age); and It is occupied by persons living in 2 or more households; and There are shared facilities such as kitchen, bathroom and/or toilet. Further details about licensing can be found on the City council s website www.wolverhampton.gov.uk/housing. Alternatively you may wish to refer to the Governments website www.propertylicence.gov.uk. A storey includes: Any basement or attic used or constructed/converted/adapted wholly/partly for living accommodation or is being used as an integral part of the HMO. Any business premises or storage space on the ground floor or any upper floor.
Any storeys which are occupied by you and your family if you are a resident landlord. Households definition: The following are households for the purposes of the Housing Act 2004: Members of the same family living together including: Couples married to each other or living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex) Relatives living together, including parents, grandparents, children (and stepchildren), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins Half-relatives will be treated as full relatives. A foster child living with his foster parent is treated as living in the same household as his foster parent. Any domestic staff are also included in the household if they are living rent free in accommodation provided by the person for whom they are working. Therefore three friends sharing together are considered three households. If a couple share with a third person then that would consist of two households. If a family rents a property, then that is a single household. If that family had an au-pair to look after their children that person would be included in their household. Summary of categories of HMOs: A Houses let as bedsits B Shared houses C Houses let as lodgings D Hostels and bed and breakfast accommodation E Registered Care Homes F Self contained Flats Properties previously designated as Category E (Care Homes) are no longer classified as HMOs as these are now fully regulated by the Commission for Social Care Inspection. Additionally, reference is not made within this document to specifics for Category D establishments, and further advice on these should be sought from the Private Sector Housing Team. Wolverhampton City Council Amenity and Space Standards for Houses in Multiple Occupation. Space and amenity standards Wolverhampton City Council has adopted space and amenity standards for Houses in Multiple Occupation occupied as bedsits, self-contained flats and shared housing. Most of the accommodation arrangements commonly encountered are described, however it is recognised that there will always be circumstances which do not match those given. If this is the case then it will always be advisable to contact the Private Sector Housing Team for further guidance. Further, before any conversion, adaption and/or new build, advice must be sought from our Planning and Building Control Sections.
A. Bedsit type accommodation Houses occupied as individual rooms, where there is some exclusive occupation (usually bedroom and kitchen or bathroom) and some sharing of amenities (bathroom and/or toilet and /or kitchen). Each occupant otherwise lives independently of the others and does not have access to a shared living room/dining room. 1.1 One person units of accommodation (i) One room units 6.5m² Where room is used for sleeping only 13m 2 10m 2 where room is used for sleeping, living and cooking where room is used for sleeping and living only (separate kitchen), (ii) Two or more roomed units 11m² Each living room/kitchen 3.5m² Each separate kitchen 9m² Each living room (without kitchen facilities) 6.5m² Each bedroom (where access to a separate/shared living room) Two or more person units of accommodation (i) One room units (ii) Two or more Roomed units 20m² Including kitchen facilities. Not normally suitable for persons who are not married couples or cohabitees. 15m² Where kitchen facilities are separate. Not normally suitable for persons who are not married couples or cohabitees. 15m² Each living room/kitchen 12m² Each living room 6.5m² Each single bedroom 10m² Each double bedroom 15m² Each living/bedroom
Washing and Toilet Facilities The bathrooms and toilets should be cleaned regularly through arrangement made by the HMO Manager/Landlord. If reasonably practicable, each bedsit letting should have a wash hand basin with a splashback and a constant supply of hot and cold water situated within the unit of accommodation. Each occupancy should ideally be provided with a bath or shower in a separate room. Where this is not practical a bath or shower room shall be provided not more than one floor distant from any intended user, accessible from a common area, on a ratio of one bath or shower and toilet to every three persons. The walls and floor of any bathroom or shower room should be reasonably smooth and non-absorbent and capable of being readily cleansed. Each bath, shower and wash hand basin must be provided with a constant and adequate supply of hot and cold water and must be properly connected to the drainage system. Every room containing a toilet must be provided with a wash hand basin. Toilets shall not be more than one floor distant from any individual letting. Kitchen Facilities Each unit of accommodation must be provided with adequate facilities for the storage, preparation and cooking of food and the disposal of waste water. Where ever possible, such facilities should be for exclusive use and be located within the unit of accommodation. In some properties, not all of the bedsits may be provided with kitchen facilities for exclusive use and some sharing of kitchens may be necessary. Where this situation arises the shared kitchen is to be no more than one floor distant from any individual letting having use of it. The facilities shall comprise where provided within the bedsit:- Single person: a gas or electric cooker with two burners/hobs, oven and grill Two persons: a gas or electric cooker with four burners/hobs, oven and grill A microwave oven may be substituted for one or two of the burners/hobs respectively. A standard kitchen sink and drainer with a constant and adequate supply of hot and cold water. A worktop or table of smooth and impervious material of minimum size 500 x 1000mm. A refrigerator of sufficient size to store an average persons dietary requirements on a day to day basis. Sufficient storage cupboard space for dry and canned foods plus cooking utensils, crockery and cutlery. Two twin outlet power sockets in addition to any serving major appliances set at a convenient height and safe position. The kitchen area must be provided with an easily cleansable non-slip floor covering to an adequate extent and be separated from any adjoining carpeted area by suitable dividing strips securely fixed in position.
Where the kitchen is shared, facilities may be provided on a ratio of one set for each three occupancies, and comprise the following:- There must be no more than two set of facilities in any one room. A gas or electric cooker with minimum four burners/hobs an oven and a grill. A microwave oven may be substituted for one or two of the burners/hobs respectively. A standard kitchen sink and drainer with a constant and adequate supply of hot and cold water. Sufficient fixed work surface to enable each user to prepare food safely and hygienically. A minimum of 500mm depth and length clear run of work surface per person will be required A lockable refrigerator of sufficient size to store an average persons dietary requirements on a day to day basis. Sufficient lockable storage cupboard space for dry and canned foods plus cooking utensils, crockery and cutlery. Two twin outlet power sockets in addition to any serving major appliances set at a convenient height and safe position. As a general guide the following minimum overall floor areas for a shared kitchen will apply, Kitchens for 2 to 5 persons 6.5m² Kitchens for 6 persons 7.5m² B. Shared houses type accommodation Houses occupied on a shared basis, these would normally be occupied by members of a defined social group e.g. students. The occupiers each enjoy exclusive use of a bedroom but would share other facilities including a communal living room. One person units of accommodation Each bedroom/study 10m² Except where a separate living room is provided which is not a kitchen or kitchen/dining room in which case the bedroom shall be 6.5m² Two person units of accommodation Each bedroom/study 15m² Except where a separate living room is provided which is not a kitchen or kitchen/dining room, in which case the bedroom shall be 11m²
Kitchens Used by 1-3 persons Used by 4 persons Used by 5 persons Used by 6 persons 5m² 6m² 7m² 9m² Dining/kitchens Used by 1-3 persons Used by 4-6 persons 10m² 11.5m² Living rooms and dining rooms Used by 1-3 persons 8.5m² Used by 4-6 persons 11m² Washing and toilet facilities A readily accessible bath or shower room shall be provided not more than one floor distant from any intended user, on a ratio of one bath or shower to every five persons. The walls and floor of any bathroom or shower room should be reasonably smooth and non-absorbent and capable of being readily cleansed. Each bath, shower and wash hand basin must be provided with a constant and adequate supply of hot and cold water and must be properly connected to the drainage system. Every room containing a toilet must be provided with a wash hand basin. Toilets shall not be more than one floor distant from any individual letting. Toilet facilities shall be provided and maintained for every five persons or lesser number. Kitchen facilities Each occupancy shall have constant access to a shared kitchen no more than one floor distant from the large majority of users. It is acceptable however, for a kitchen to be a maximum of two floors distant where there is a communal dining room adjacent to the kitchen or where the kitchen is of sufficient size to serve as a kitchen/dining room. The individual set of kitchen facilities should not be used by more than 5 persons. However for one additional person i.e. 6 persons, rather than put in a complete set of facilities a combination microwave oven and grill may be substituted in place of a conventional cooker and an electric dishwasher in place of a standard sink.
The facilities shall comprise, A gas or electric cooker with minimum four burners/hobs an oven and a grill. A microwave oven may be substituted for one or two of the burners/hobs respectively. A metal or ceramic kitchen sink and drainer with a constant supply of hot and cold water. Sufficient fixed work surface to enable each user to prepare food safely and hygienically. A minimum of 500mm depth and length clear run of work surface per person will generally be sufficient for this purpose although minor variations may be acceptable where there is still a good practical working area. A refrigerator of sufficient size to store an average persons dietary requirements on a day to day basis which is lockable where practicable. Sufficient storage cupboard space for dry and canned foods, which is lockable where practicable, and sufficient storage for cooking utensils, crockery and cutlery. Two twin outlet power sockets in addition to any serving major appliances set at a convenient height and safe position. The kitchen area must be provided with an easily cleansable non-slip floor covering to an adequate extent and separated from any adjoining carpeted area by suitable dividing strips securely fixed in position. (text above highlighted yellow shows amended text following consultation exercise) C. Self contained flats Houses or buildings which are constructed as or converted entirely into self-contained flats. Access to the house or building would be via a communal entrance doorway and hallway but thereafter the entrance to each individual flat is via a single doorway. All amenities must be accessible from within each individual flat and the flat must be occupied by a single household to be regarded as self contained. Houses which have been converted into self contained flats to a proper standard in accordance with the 1991 Building Regulations or equivalent are exempt from the HMO definition. Houses which were converted prior to this date or which have been subsequently converted to a lesser standard not in accordance with Building Regulations are not included within the mandatory licensing requirements. Minimum floor area for conversion into self-contained flats One person, four roomed flat: Bedroom 7m² Living room 11.5m² Kitchen 5.5m² Total habitable floor area 24m² One person flatlet with separate kitchen Bed/living room 14m²
Kitchen Total habitable floor area 5.5m² 19.5m² One person flatlet with separate bedroom Bedroom 7m² Kitchen/living room Total habitable floor area 14.5m² 21.5m² Two person, one bedroom flat Bedroom 10.5m² Living room 13m² Kitchen Total habitable floor area 5.5m² 31.5m² Three person, two bedroom flat Main bedroom (not more than 2 persons) 10m² Second person (single person) 7m² Living room 16m² Kitchen 7m² Total habitable floor area 40m² Four person, three bedroom flat Main bedroom (not more than 2 persons) 10m² Second and third bedroom (single person) 7m² Living room 18m² Kitchen 7m² Total habitable floor area 49m²
All bedrooms, living rooms and bathrooms are to be directly accessible from a common access lobby and not from another room, unless comprising an en-suite and for exclusive use of the occupier. Please note that there are further floor area standards for new build self contained flats and further advice on these should be sought from the Private Sector Housing Team. Washing and toilet facilities Each flat must be provided with its own bath or shower together with a constant and adequate supply of hot and cold water. The walls and floor of any bathroom or shower room should be reasonably smooth and non absorbent and capable of being readily cleansed. Each flat must be provided with its own WC which must be located either within a bathroom or in a separate compartment, and be provided with a wash hand basin with a constant and adequate supply of hot and cold water. Kitchen facilities Each flat to be provided with the following facilities:- Single person: a gas or electric cooker with two burners/hobs, oven and grill. Two persons: a gas or electric cooker with four burners/hobs, oven and grill. A microwave oven may be substituted for one or two of the burners/hobs respectively. A standard kitchen sink and drainer with a constant and adequate supply of hot and cold water. A worktop or table of smooth and impervious material of minimum size 500 x 1000mm. A refrigerator of sufficient size to store an average persons dietary requirements on a day to day basis. Sufficient storage cupboard space for dry and canned foods plus cooking utensils, crockery and cutlery. Two twin outlet power sockets in addition to any serving major appliances set at a convenient height and safe position. The kitchen area must be provided with an easily cleansable non-slip floor covering to an adequate extent and separated from any adjoining carpeted area by suitable dividing strips securely fixed in position. Ventilation, Lighting, Heating Ventilation Ventilation can help remove pollutants from the inside of a property as well as excess water vapour that can cause condensation. All kitchens, bathrooms and water closet compartments shall be ventilated to the external air, either by a window the openable area of which shall be equivalent to at least 1/20 th of the floor area or by suitably sited mechanical ventilation providing an extract rate of at least 15 litres per second and fitted with a 20 minute overrun for bathrooms. For kitchens, mechanical ventilation providing an extract rate of 60 litres per second venting directly to the external air will normally be sufficient. In bedrooms and living rooms an openable window to the outside must be provided which is at least 1/20th of the floor area. (A door opening to the external air will not be acceptable).
Lighting All habitable rooms should have an adequate level of natural lighting, provided by a clear glazed window or windows, and or door(s) the glazed area to be equivalent to at least 1/10 th of the floor area and to extend to a point 1.75m above floor level. The levels of lighting need to be sufficient to allow tenants to carry out their normal activities safely and conveniently in their rooms and in the halls and stairways. This applies to both natural and artificial lighting. Windows to bathrooms and water closets are to be glazed with obscure glass. Adequate electric lighting points are to be provided to all habitable rooms, staircases, landings, passages, kitchens, bathrooms and water closets. In general, all lighting to common parts is to be provided, maintained and paid for by the landlord or their agent. Lighting to staircases, landings and passages may be controlled by time switches or other devices having a similar effect. Heating There should be a fixed heating appliance in the main room with the capacity of maintaining the room at a temperature of 21 degrees centigrade when the temperature outside is -1 degree centigrade. Fixed heating appliances (portable or removable heating appliances will not be acceptable) should also be provided in all other rooms and circulation areas including bathrooms, which are capable of maintaining a temperature of at least 18 degrees centigrade when the temperature outside is -1 degree centigrade. All heating appliances must be controllable by the occupants at all times. The size and aspect of a room will determine the type of appliance, which can satisfy this requirement. Consideration should also be given to improving the insulation to the room(s). Water supply Each separate occupancy should be provided with an adequate supply of hot and cold running water suitable for drinking and food preparation purposes. Cold water should normally be provided from the rising main. The water pressure to all fitments, and protection from frost damage, will need to be considered to ensure that an uninterrupted supply is provided. Drainage and Disposal of Surface and Waste Water There should be an effective system for the drainage of foul, waste and surface water from the property. Consideration may need to be given to the size of the service pipes having regard to the number of tenants using the facilities. Rubbish and Storage All protected fire escape routes must be kept clear of obstructions. Sufficient refuse storage containers or dustbins should be provided to accommodate the needs of the occupants at the property. Gas Safety The Gas Safety (Installation and Use) Regulations 1998 (as amended) require that you must ensure that gas appliances and installations are regularly maintained and safety checks are
carried out annually by an approved person (i.e. Gas Safe Registered engineer). You must keep a record of safety checks and issue a copy to the tenants. The Health and Safety Executive (HSE) are the enforcing authority for these regulations and advice can be obtained from them on specific gas safety issues. Electrical Installation When a property is used as a HMO, the number of tenants can impose an increased load on the power and lighting circuits. The capacity of the circuits must be sufficient to maintain its use in a safe condition. The wiring in the property should be checked and certified at least every 5 years by a qualified electrician to BS 7671. Soft Furnishings The Furniture and Furnishing (Fire Safety) Regulations 1988 (as amended 1989 & 1993) requires soft furnishings that are provided in all rented accommodation to be of a non - flammable, non toxic nature. All replacement new or second hand soft furnishings must meet the new standards. For further information contact City Direct on 01902 551155 and ask for Trading Standards who enforce the Regulations. Portable Electrical Appliances Under the Electrical Equipment (Safety) Regulations 1994, all electrical appliances supplied or provided for the occupiers must be safe. It is good management practice to have the equipment tested on an annual basis. Manager s Duties The Licensing and Management of Houses in Multiple Occupation (Miscellaneous Provisions) (England) Regulations 2006, apply to all HMOs excluding Section 257 buildings (self contained converted blocks of flats, which do not meet the fire precaution requirements of the Building Regulations 1991 or later).the Licensing and Management of Houses in Multiple Occupation (Additional Provisions)(England) Regulations 2007 apply to such properties. Both sets of Regulations apply equally to owners, landlords or agents. Failure to comply with the regulations by a HMO manager can result in legal proceedings. The regulations place the following duties on the manager: To provide each occupier with his/her contact details and display them on the premises. To maintain all means of escape from fire To take safety measures to protect the occupiers from injury having regard to the design, structural condition and number of occupiers in the HMO To supply and maintain the water supply and drainage system To supply and maintain gas and electrical supplies and to provide safety certificates To maintain all common parts, appliances, fixtures and fittings within the property To maintain in good order and repair any outbuildings, yards, gardens and boundary fences To maintain each unit of accommodation in good repair and in a clean condition To ensure refuse is stored and disposed of adequately.
Appendix B 1. Re: Proposed changes to Houses in Multiple Occupation (HMO) Amenity Standards for 2012 Thank you for including us on the distribution list for your email on the above subject; as my team and I strive to maintain our West Midlands portfolio to a good standard, your update on the proposed changes is much appreciated. We have read both the current set of standards and the new set of standards and have compared the differences; while we are not overly concerned with the changes the Council is considering, we do have some points to raise which are as follows (please note that as per the Council's accommodation categories, we are suppliers of shared accommodation units only - we do not operate bedsits or hostels): Planning - The Council proposes that before any conversion, adaption and/or new build, we would need to get advice from the Council's Planning and Building Control Sections - please can you confirm whether this would be technical advice, e.g. on the layout or safety features, or whether this would be the standard suitability check that we already undertake with the Council, e.g. where we provide the postcode of a property we would like to use as an HMO and the Council gives advice on whether the demographics of the ward would be suitable for that type of accommodation? Kitchen Facilities - The change in work surface area to a minimum of 500mm clear depth and length of work surface per single occupier will mean that a fair amount of the properties used for single social letting in Wolverhampton will not meet this requirement as they are older properties with smaller kitchens, so we are concerned that multiple landlords will not be able to create the extra work surface space required because they are restricted by the size of the kitchen. It would not be economical to let properties with a smaller number of occupants just because of insufficient work surface space and while we appreciate that the measure has been proposed to reduce risk, it would create more problems that it solves because landlords would end up placing their houses on the market rather than be forced to accept a rent which does not cover their mortgage, so the pool of property that could be used for homeless housing and accommodation for vulnerable adults would reduce. Also, while we appreciate that this proposal has been made as a safety measure, it would be enforced on the assumption that all single members of a household would want to cook at once, whereas in practice single Service Users in HMOs rarely eat at the same time, or a couple of them cook together for each other, so do not need half a metre of work surface each all at the same time. The original requirement for 'adequate' work surface space is, in our opinion, more suitable to an HMO environment, especially in the current economic climate and with homeless housing levels on the increase. Kitchen Facilities - The proposal for lockable fridges will again present more problems than it actually solves. We appreciate that the proposal has been made as a security measure but what happens when a Service User loses their key to the lock and has medication inside the fridge e.g. Service Users with HIV? This is a health and safety issue that can be avoided by proactive Service User management. In addition, with rent levels as low as they are, most landlords will not want to 1) fund the provision of up to 5 individual lockable fridges, or 2) be forced to fund the deliberate damage to their white goods by fitting a lock, or 3) repeatedly fund the repair of the damage to their white goods when the Service User loses their key and forces the fridge door open to access their property. Landlords do not have to undertake this measure by renting their property to families and would be not be able to repeatedly claim on their insurance for this type of damage, so the number of single persons presenting themselves as homeless in Wolverhampton would again increase due to this proposed change by the Council and could be seen as discriminatory. Kitchen Facilities - The issue of lockable cupboards is the same as the issue for lockable fridges and we are concerned about this change from an anti-social behaviour perspective. Even UKBA have removed the requirement for lockable cupboards due to the repeated damage being caused to the fixtures and fittings when one or more of the Service Users loses their key and ends up forcing the cupboards open, or fighting with the other Service Users in frustration. Also, the way the clause has been worded on the proposal document suggests that utensils, crockery and cutlery would also need to be kept in a lockable cupboard, and if that is truly what is intended (which I doubt!), it is likely to cause an extreme amount of irritation to Service Users and also be a health and safety issue while cooking. Lighting - "...All lighting to common parts is to be provided, maintained and paid for by the landlord or their agent." I am presuming that the Council is referring to the external landings and stairwells in blocks of flats, however the way the change has been worded is misleading and could cause confusion among vulnerable tenants if they read it; the tenants could mistakenly believe that the Landlord would be responsible for paying for the electricity used in the bathroom, kitchen, lounge, hall, stairwell, toilet and dining room inside their standard semi detached or terraced accommodation, and that they would only be responsible for paying for the electricity used in their bedrooms! Please could the difference be made clear in the proposal that the Council puts forward, or please could you clarify if this truly was what was intended by the change. We do not have any blocked housing on our Wolverhampton portfolio but we do house vulnerable tenants, so this clarification is important to us and we thank you in advance for any help you can give.
2. Thanks for the document link. I have had a quick look through and was a bit concerned about the practicality and/or need for lockable kitchen cupboards and fridges? This seems to have found its way into the new draft document, I could not see it in the original. I have been a student landlord for 15 years and I have never had a complaint or a request to provide such facilities? In the case of students the vast majority come as a group of friends. so such a provision is probably not relevant for this particular group. Perhaps it would be more practicle where such a scenario does not apply i.e. a non related group sharing a house with no prior knowledge of others sharing? Provision of lockable facilities from a landlords perspective will also be costly for what could be considered a non essential item? So to summarise, please consider if the extra cost to landlords verses the benefits to tenants can be justified, in the first instance. If you feel that it is please review which groups/tenant types such a provision should be applied too, as opposed to a blanket coverage approach? I don't feel this is relevant to the student market. Thanking you in advance for your assistance in this matter.