The Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 2006/372) impose specific ongoing management duties on landlords and managers of HMOs. These obligations apply in addition to HMO licensing, breach of the regulations is a separate criminal offence from operating without a licence.
Criminal offence, unlimited fine
Breach of the HMO Management Regulations 2006 is a criminal offence triable either way. On conviction in the Magistrates' Court, the fine is unlimited. A civil penalty of up to �30,000 may be imposed as an alternative to prosecution. Tenants can also apply for a Rent Repayment Order covering up to 12 months' rent.
Who do the regulations apply to?
- All HMOs in England, the regulations are not limited to licensable HMOs
- Any property occupied by 3 or more people forming 2 or more households who share a kitchen, bathroom, or toilet
- The 'manager' is defined as the person having control of the HMO, typically the landlord or a managing agent acting under a full management agreement
- If you appoint an agent, ensure the management contract clearly allocates regulatory responsibilities, the council can prosecute both the owner and the manager
The manager's duties under the regulations
- Regulation 3, Manager's name and address: Display or provide to occupiers the manager's name and contact address. Must be kept current
- Regulation 4, Escape routes: Ensure means of escape from fire are maintained free from obstruction and in good repair at all times
- Regulation 5, Safety of common parts: Maintain the structure, fixtures, fittings, and installations in common parts in good and clean repair
- Regulation 6, Supply of water and drainage: Ensure water supply and drainage is maintained in good working order, repair leaks and blockages promptly
- Regulation 7, Supply of gas and electricity: Ensure gas and electrical installations are maintained and safe, arrange annual gas safety inspections and EICR checks
- Regulation 8, Common parts, fixtures and fittings: Keep all common parts clean, in good repair, and properly lit, including exterior common areas
- Regulation 9, Living accommodation: Ensure each unit of living accommodation (bedroom and en-suite if applicable) is kept in good repair
- Regulation 10, Waste: Provide sufficient bins and ensure adequate arrangements for waste disposal, include this in the tenancy agreement
How the regulations interact with HMO licensing
- HMO licensing and the Management Regulations are separate legal frameworks, both apply simultaneously
- A licence condition can require compliance with the Management Regulations, breach of the licence condition is also an offence
- Local authorities carry out HMO inspections against both the licence conditions and the Management Regulations
- An HMO Improvement Notice or Emergency Prohibition Order can be served under the Housing Act 2004 in addition to prosecution under the regulations
- Some councils conduct proactive HMO inspections on a rolling schedule, ensure the property meets the regulations at all times, not just at licence renewal
Practical compliance checklist
- Post or provide manager contact details to all occupiers, update immediately on any change
- Check and clear all escape routes before each new letting and quarterly thereafter
- Book annual gas safety inspection, retain Gas Safety Record for 2 years
- Carry out EICR every 5 years, serve a copy on all tenants and the council within 28 days
- Carry out quarterly common parts inspection, record condition and any remedial works
- Check smoke alarms and CO detectors monthly, test and record results
- Inspect and clean gutters and drains annually, blocked drains are a Management Regulation breach