HMO licensing

On 4 May 2020 an Additional Licensing Designation came into effect across the city, requiring all HMOs currently not subject to mandatory licensing to be licensed (for example HMOs with fewer than five persons, HMOs with no shared amenities, flats in multiple occupation situated in purpose built blocks).

Additional Licensing will operate in the same way and alongside the existing Mandatory Licensing scheme. The same process will be followed, with the same fees, legal obligations and penalties for failing to comply with the requirements.

You will need an additional HMO licence if:

• if you operate a house in multiple occupation that is shared by three to four tenants living in two or more households, or
• if you operate a property which was converted into self-contained flats where:
  • less than two thirds of the flats are owner-occupied, and
  • the conversion did not comply with the relevant Building Regulations in force at that time and still does not comply
• if you operate any other HMO that is not currently subject to Mandatory Licencing.

The legislation which covers houses converted solely into self-contained flats ('Section 257 HMOs) can be found under Section 257 of the Housing Act 2004.

Larger Developments for Student Accommodation NOT Managed and Controlled by Educational Establishments

Student accommodation run by private providers where students live in “cluster” flats are classed as HMOs under the Housing Act 2004 (the Act) and as the accommodation is operated by a private provider, the properties are not exempt under Schedule 14 of the Act.

The definition of an HMO can be found in Section 254 of the Act but in essence it is any building, or part of a building that is occupied by three or more people, in two or more households, sharing one basic amenity i.e. a kitchen, bathroom or WC.

The Schedule 14 exemption applies where the accommodation is:

• Managed and controlled by the university establishment; and
• The university is signed up to a code of practice; and
• The accommodation is listed on the university establishment “building list”; and
• The occupiers are attending a full-time course at the university establishment that manages the accommodation.

All of the above criteria must apply. If a private provider is signed up the National Code for Standards for Larger Developments for student accommodation not managed or controlled by Educational Establishments, then this does not give the exemption under Schedule 14 because:

• The provider is managing and controlling the accommodation, not the university;
• The accommodation is not on the university “building list”
• The occupiers are not in a building managed by their university.

While each “cluster flat” falls outside the national mandatory HMO licensing requirement, as Coventry City Council has an additional licensing scheme that requires all HMOs in the City to be licensed, this means that each cluster flat in larger student accommodation blocks is required to have an HMO licence.

The Council recognises that where the provider is signed up to the National Code then the accommodation should meet certain standards and is audited independently by the Code. Therefore, the provider is eligible to apply for a five-year HMO licence (this may be issued on the first application).

If the provider is not signed up to the code, then the length of licence issued will be assessed against the current criteria.

To submit an application for Additional Licence, please proceed to licensing process tab.