Part 7Supplementary and final provisions

Meaning of “house in multiple occupation”

I1254Meaning of “house in multiple occupation”

1

For the purposes of this Act a building or a part of a building is a “house in multiple occupation” if—

a

it meets the conditions in subsection (2) (“the standard test”);

b

it meets the conditions in subsection (3) (“the self-contained flat test”);

c

it meets the conditions in subsection (4) (“the converted building test”);

d

an HMO declaration is in force in respect of it under section 255; or

e

it is a converted block of flats to which section 257 applies.

2

A building or a part of a building meets the standard test if—

a

it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;

b

the living accommodation is occupied by persons who do not form a single household (see section 258);

c

the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);

d

their occupation of the living accommodation constitutes the only use of that accommodation;

e

rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation; and

f

two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities.

3

A part of a building meets the self-contained flat test if—

a

it consists of a self-contained flat; and

b

paragraphs (b) to (f) of subsection (2) apply (reading references to the living accommodation concerned as references to the flat).

4

A building or a part of a building meets the converted building test if—

a

it is a converted building;

b

it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats);

c

the living accommodation is occupied by persons who do not form a single household (see section 258);

d

the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);

e

their occupation of the living accommodation constitutes the only use of that accommodation; and

f

rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation.

5

But for any purposes of this Act (other than those of Part 1) a building or part of a building within subsection (1) is not a house in multiple occupation if it is listed in Schedule 14.

6

The appropriate national authority may by regulations—

a

make such amendments of this section and sections 255 to 259 as the authority considers appropriate with a view to securing that any building or part of a building of a description specified in the regulations is or is not to be a house in multiple occupation for any specified purposes of this Act;

b

provide for such amendments to have effect also for the purposes of definitions in other enactments that operate by reference to this Act;

c

make such consequential amendments of any provision of this Act, or any other enactment, as the authority considers appropriate.

7

Regulations under subsection (6) may frame any description by reference to any matters or circumstances whatever.

8

In this section—

  • “basic amenities” means—

    1. a

      a toilet,

    2. b

      personal washing facilities, or

    3. c

      cooking facilities;

  • “converted building” means a building or part of a building consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed;

  • “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30);

  • “self-contained flat” means a separate set of premises (whether or not on the same floor)—

    1. a

      which forms part of a building;

    2. b

      either the whole or a material part of which lies above or below some other part of the building; and

    3. c

      in which all three basic amenities are available for the exclusive use of its occupants.