Paul Moran
Principal Associate
Article
5
The list of higher educational establishments, which manage and control student accommodation but which are exempt from statutory HMO licensing requirements, has been updated and revised.
The Housing Act 2004 (HA 2004) introduced a system of licensing by local housing authorities for houses in multiple occupation (HMO), with a view to improving management standards in relation to multi-occupied houses.
The basic test for a property to be designated a HMO under s.254 HA 2004 is that a building is occupied by at least two separate households (a single person, or members of the same family) as their only or main residence and those households share one or more basic amenities (being a toilet, washing facilities (bathroom) or cooking facilities (kitchen)).
Section 259 HA 2004 provides that persons who occupy a building during term time as their residence for the purpose of undertaking a full-time course of further or higher education will be treated as occupying as his/her only or main residence.
Houses or flats with individual room(s) occupied by such students, where cooking and/or washing facilities are shared by the occupants may therefore fall within the HMO regime. However, certain student halls of residence and other buildings occupied by students that are managed and controlled by higher educational establishments will not be classed as HMOs, as a result of an exemption contained in the legislation.
This exemption is provided for in Regulations made pursuant to the relevant provisions of HA 2004.
For students occupying a building, in England only, such a building will not be an HMO where:
The approved codes of practice are:
The list of specified educational establishments for England has been revised and is now set out in the Schedule to The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2016. Some educational establishments appearing in the 2013 list no longer appear in the new list and a number of new establishments have been added to the new list which is effective from 13 April 2016.
You should consider the revised list of establishments at the earliest opportunity.
Note that even where student accommodation is managed and controlled by a specified educational establishment, it will not be exempt from the HMO licensing regime if that accommodation is not managed in accordance with the Codes of Practice referred to above.
Student accommodation which is managed in accordance with the Codes will be subject to the HMO licensing regime where it is managed or controlled by a party that is not an exempted higher educational establishment.
These provisions and the changes referred to apply to buildings in England only. Separate Regulations (and different Codes) govern the position in relation to buildings in Wales.
Further details of the Codes referred to can be accessed from:
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.