Houses in multiple occupation

This page provides an overview of houses in multiple occupation (HMOs) within Sunderland.

What are HMOs?

Houses in multiple occupation (known as HMOs) are classed as this if:

There are three or more tenants
There are two or more households living there, i.e. the occupants are not related to each other
The tenants share some basic amenities such as a kitchen, bathroom or toilet
The property is the only or main residence for all the occupants
The property is not used for any other purpose
Rents are paid for occupation or there is some other form of consideration e.g. accommodation is provided as part of employment etc

There are other types of HMO and some exceptions to the definition above. All HMOs must comply with the law. More information on both of these things can be found in the 'legislation' section below.

Some regulations apply to all HMOs to ensure that tenants do not live in unsafe or overcrowded accommodation.

Problems and complaints about HMOs

We will investigate concerns of poor housing conditions in HMOs and may take legal action against landlords if the problems are serious enough, further information can be found in our Private sector housing enforcement policy.

If you are a resident of a HMO, a member of the public, or a landlord of an HMO you can use the HMO Management online form to report or request the following:

HMO - Dirty (internal conditions) - aimed at residents of a HMO and the common parts they share, such as kitchens bathrooms and hallways
HMO - Fire precautions (and concerns) - this is aimed at concerns residents may have regarding fire safety in the dwelling, such as alarms not working, broken or missing fire doors, and obstructions to escape routes
HMO - General enquiry (about a HMO) - this may be from a member of the public, a landlord or tenant and their query is not covered by any other option
HMO - Licensing advice (about a HMO application) - this is aimed at HMO licence holders and their managers who may have a query about the licensing process
HMO - Management (concerns how a HMO is being managed) - this is aimed at tenants and members of the public who have concerns about how a HMO is being managed, such as frequency of landlord visits and to ensure that a property is well maintained and kept safe, or activities of the tenants impacting upon the community
HMO - Overcrowding (of a HMO) - this is aimed at residents who are sharing amenities with too many people - please see HMO standards - guidance for landlords
HMO - Suspected unlicensed (allegation that a property does not have a licence and requires on)

Matters can also be reported to Home and Money Team who can help you by completing the online form on your behalf.

Licences for HMOs

You must have a licence for a HMO if five or more people are living in two or more households within:

a building
a converted flat
purpose built flats (with up to two flats in the block, and any of which are occupied as a HMO)

You may also need planning permission. If you require information about this please see our Planning section.

Applying for an HMO Licence steps to follow

To apply for a new licence:

Read the application guidance
Locate copies of the required documents for the property to upload with your application, please ensure that the correct documents are uploaded, and make sure that any measurements are in the correct format
Have a credit or debit card to hand, as you will need to pay a fee
It can take up to 60 minutes to complete (do not worry if you are unable to complete in one go, as you can save and return to it later)
If your application is successful the HMO licence holder, their address and appointed manager and address (if applicable) will be displayed in the HMO public register which is held at City Hall and can be inspected by members of the public by appointment. Please see the 'Information on current HMOs' section below for details about appointments

Please note that a HMO licence is non-transferable. Should a property which had an existing license be sold, the new owner or most appropriate person will need to make a "New" application to the council to have a licence. The licence cannot be renewed. Licence holders can make notification to the council to arrange for new managers of the HMO to be appointed, provided the notification is in writing, compliant with any condition imposed by the current HMO licence and the proposed new manager has successfully completed the Fit and Proper Persons Notification form.

Please note that the application will not be available on the 16^th October 2024 from 07:00 until approximately 14:00 and then again unavailable from 17:00 on Saturday 26^th October until approximately 14:00 on Sunday 27^th October due to planned maintenance of the system.

Apply for a HMO licence

Renew an existing licence

You will need to input the reference number which was provided in your renewal letter inviting you to renew your licence. You can only renew a licence prior to the expiry of the licence. If the licence has expired and you have failed to renew the licence you need to apply for a HMO licence. It is the licence holders responsibility to ensure that a licence is renewed in advance of it expiry and that the application is valid.

Please note that a HMO licence is non-transferable. Should a property which had an existing license be sold, the new owner or most appropriate person will need to make a "New" application to the council to have a licence. The licence cannot be renewed. Licence holders can make notification to the council to arrange for new managers of the HMO to be appointed, provided the notification is in writing, compliant with any condition imposed by the current HMO licence and the proposed new manager has successfully completed the Fit and Proper Persons Notification form.

Renew a HMO licence

HMO Licensing Privacy Notice

Sunderland City Council complies with the Data Protection Act and UK General Data Protection Regulation (GDPR) and is registered with the Information Commissioner's Office (ICO) as a Data Controller. The HMO Licensing Privacy Notice explains how personal information is going to be used, what for, who it will be shared with and why.

The following list of eight items expand to give you further information about HMO licensing:

Label
HMO properties requiring a licence
1. Since 2006 landlords of some HMOs have been required to obtain a licence from the council which places conditions on the way the landlord maintains and manages the property. The council will carry out safety inspections and issue licences for HMOs to ensure that they are:
  
  safe
  
  not overcrowded
  
  are managed by a 'fit and proper' person
  
  If you are a landlord or manager of an HMO that meets the criteria for a licence and you do not have one, you need to apply for a licence immediately.
  
  It is a criminal offence to operate a licensable HMO without a licence. This can result in a prosecution with an unlimited fine, or the issue of a Civil Penalty by the council of up to £30,000.
  In addition to a fine or Civil Penalty the tenant(s) of the unlicensed property could make a rent repayment order application to the First Tier Tribunal (Property Chamber) for up to 12 months of the rent that has been paid to the landlord of the unlicensed HMO by the tenant.
  
  Smaller HMOs (those occupied by 3 or 4 persons in 2 or more households) are still deemed as HMOs but do not require a licence in Sunderland.
HMO standards and fire safety guidance
1. Before issuing a licence we must be satisfied that the property is suitable for the number of occupants applied for and that it is safe. The minimum space and amenity standards document that all licensed HMO must meet is available below These standards vary depending on the type of HMO such as bedsits, shared houses (such as student houses), hostels etc. and cover:
  
  Minimum bedroom sizes
  
  The number of bathrooms and toilets required
  
  The minimum size of the kitchen / shared living space and the number of cooking facilities
  
  In 2018 legislation was introduced prescribing minimum room sizes, (minimum of 6.51 metre square for single bedrooms, 10.22 metre square for double bedrooms). Please note these are minimum standards and Sunderland set a larger size for rooms and this is dependent upon what facilities are provided within that bedroom.
  
  We have produced proposed guidance for landlord on HMO standards. Should this guidance be followed and a property is maintained in good repair and condition then hazards identified within a HMO are not likely to be a Category 1 or high banded Category 2 hazard.
  
  The Government has issued guidance on fire safety to assist in understanding what has to be done for HMOs to comply with the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005. The intention of this guidance is to ensure that there is a consistent risk assessment approach in private rented properties by both fire services and local authorities. Compliance with the guidance should in most cases also satisfy the HMO licensing requirement. This guidance is referred to as the Local Authorities Coordinators of Regulatory Services (LACORS) guidance on fire safety.
  
  It is a requirement that all HMOs (not just licensed HMOs) have a fire risk assessment conducted and the appropriate fire safety measures put in place.
Applying for a HMO licence as a landlord
1. You must complete the HMO online licence application and pay the required fee. The guidance notes should be read before completing the application form.
  
  We will acknowledge receipt of your application within two weeks.
  
  It can take up to nine months from receipt of a complete application (including the submission of all the required documents and fee) to determine the licence application and either grant or refuse the licence, however in most cases we are able to issue a licence within 12 to 16 weeks.
  
  The application form must be accompanied by a number of documents, which you will need to upload. A list of the required documentation is available on the application form guidance.
  
  You can apply online using the online application form.
  You can renew an existing license using the online application form.
  
  HMO licences usually last for five years but this can occasionally be for a shorter period depending on the circumstances. The fee reflects the amount of work that the council is required to carry out on a standard application and the monitoring during the licence period. The fee is spilt into 2 parts, the first part is paid at the time of application and the second part when the application is determined. Details of the HMO pricing structure and an example of how the fee is worked can be found on the application form guidance.
Information on current HMOs
1. The council is required to keep a register of HMOs that are licenced. The HMO register is subject to periodic review to reflect when licences have expired or when new licences are issued following application. The register does not contain information about licences that have expired or licences that have been applied for only licences that are currently issued.
  
  The register can be viewed by appointment at City Hall, between the hours of 9am and 4.30pm Monday to Friday excluding bank holidays.
  
  Appointments can be booked by contacting RegComp@sunderland.gov.uk
  
  The council is not required to keep the register of licenced HMOs online.
  
  A copy of the public register can be sent out electronically for a fee of £75.00 per copy.
  
  If you suspect that a property which should be licensed as an HMO is not on the register, you can provide us with the address and other information that you think is useful. We will treat all information in the strictest confidence. We will never pass your details onto anyone involved in the management of the property. This can be done by providing the address details of the property and providing your details as the tenant of the dwelling and selecting “HMO - Suspected Unlicensed” from the drop-down list on the online HMO Management form .
  
  It is a criminal offence to operate an HMO without a licence if it is required to have one. Landlords can be prosecuted in a Magistrates Court and given an unlimited fine. In addition, the council and tenants can apply for a rent repayment order and claim back up to 12 months rent/housing benefit payments. Alternatively, we may choose to issue a civil penalty which could be up to £30,000
HMO licence conditions
1. All HMO licences must have mandatory conditions attached to them. These conditions cover issues including:
  
  the maximum number of occupants and households
  
  Gas safety
  
  Electrical safety
  
  Fire safety
  
  Kitchen and bathroom amenities
  
  Management standards including the requirement for the licence holder to be a fit and proper person
  
  Landlord and tenant agreements
  
  Standard HMO conditions including the mandatory conditions are applied to HMO licences granted in Sunderland.
  In addition, the council can add discretionary conditions when deemed appropriate.
  
  It is a criminal offence to break any of the licence conditions or to not maintain an HMO in a safe and reasonable condition. The landlord/licence holder can be prosecuted for this offence and fined an unlimited amount.
  
  All licensed HMOs will be inspected as part of the application process and a further inspection may be conducted throughout the term of the licence. We can carry out additional inspections if necessary, for example, if we receive complaints from a tenant.
  
  If serious health and safety issues are identified, we can take legal action to protect the occupants. This can include serving legal notices requiring the landlord to make repairs, or in the most serious cases, we will conduct emergency repairs or close all or parts of the property.
Additional selective licensing
1. Sunderland City Council does not currently operate any Additional or Selective Licensing schemes for rental properties.
When is planning permission required?
1. Under permitted development rights it is lawful for any residential property in Sunderland area to be an HMO as long as there are six or fewer occupants.
  
  If there are seven or more occupants, the property requires a change of use planning permission to be a large HMO.
  
  The planning application process will consider whether the proposal is suitable for that location and will either be granted or rejected.
  
  It is a breach of planning control to have an HMO with seven or more occupants unless it has the required planning permission, and the Planning Enforcement team will investigate where this is suspected.
  
  Please note that in its capacity as local planning authority Sunderland City Council has imposed what is known as an Article 4 Direction which took effect in December 2013. This remains effecting the Barnes, Hendon, Millfield, St. Michael's and St. Peter's Wards of the City.
  
  The effect of the Article 4 Direction is that planning permission is required to change the use of a dwelling house (a family house/single occupancy privately rented house) to HMO accommodation occupied by up to six persons, as such permitted development rights as detailed above do not apply and a planning application would be required.
  
  If you require clarification on any aspect of Planning regulations or to seek clarity on the areas of Sunderland affected by the Article 4 Direction then you are advised to contact the Development Management team directly on 0191 520 5555 or by visiting the Sunderland City Council’s website.
  
  You are required by the Housing Act to apply for a licence in relation to HMO that is subject to mandatory licensing, but your HMO licence application if successful does not grant or give the required consent that may be required from Sunderland City Council in terms of planning permission and/or Building Regulations approval.
  
  In the event where a property is required to be licensed as a HMO under the Housing Act 2004, but the correct planning permission is not granted it is proposed that a shorter licence period may be applied.
  
  When processing an HMO licence application, the council considers how many persons the property would be suitable for (based on size and amenities) irrespective of the location and planning permission. However, all HMO licences contain the following caveat after stating how many occupants the licence permits:
  
  “Please take note that this does not imply that planning permission for this number of occupants is hereby permitted. Planning permission must be obtained should the premises be intended to be occupied on a permanent basis by more than 6 persons.”
  
  Therefore, should a property be given a licence for seven or more occupants, this does not override the planning controls and the landlord still cannot have seven or more occupants if they do not have the required planning permission. Being granted a HMO licence for seven or more occupants does not imply that it is suitable for planning terms and will not be a relevant factor in any subsequent planning application.
  
  For further details on planning permission contact the Planning Department at Sunderland City Council.
Legislation
1. The legal definition of what makes a property an HMO can be found in sections 254 and 257 of the Housing Act 2004 and exemptions under Schedule 14
  
  The Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 specifies which types of HMOs require a licence. All HMOs must comply with the Management of Houses in Multiple Occupation (England) Regulations 2006 and those HMOs which are deemed as Section 257 HMOs must comply with The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007.
  
  Some regulations apply to all HMOs to ensure that tenants do not live in unsafe or overcrowded accommodation.