Duties on the Manager of an HMO

Management Regulations

The Management of Houses in Multiple Occupation (England) Regulations 2006 place specific duties on the manager of an HMO. Failure to comply with the regulations is a criminal offence, with unlimited fines on conviction. As an alternative to prosecution, from 6 April 2017, the local authority may offer the landlord the option of a financial penalty. The maximum offer is £30,000, which, given that the fines for prosecution are unlimited may be an attractive alternative.

This section highlights some of the essential duties in the regulations:

Obligation to provide information to occupiers

The manager must provide the manager's name, address, and telephone number to each household in the HMO. The manager must display the same information in a prominent position in the common parts of the HMO.

Duty to take safety measures

Means of escape from fire must be kept free of obstruction and in good order and repair.

The manager must keep fire-fighting equipment, emergency lighting and alarms in good working order.

The manager must take all reasonable steps to protect occupiers from injury concerning the design of the HMO, its structural condition and the total number of occupiers. In particular, any unsafe roof or balcony must be made safe or all reasonable measures taken to prevent access. The manager must provide safeguards to protect occupiers with windows with sills at or near floor level.

Duty to maintain the water supply and drainage

These must be maintained in proper working order - in good repair and clean condition. Specifically, storage tanks must be effectively covered to prevent water contamination, and the manager should protect pipes from frost damage.

Duty to supply and maintain gas and electricity

These should not be unreasonably interrupted by the landlord or manager.

The manager must provide the latest gas safety record and electrical safety test results to the council within seven days of making a written request.

Duty to maintain common parts, fixtures, fittings and appliances

All common parts must be kept clean, safe, in good decorative repair and working order and free from obstruction.

In particular, handrails and bannisters must be provided and kept in good order, any stair coverings securely fixed, windows and other means of ventilation kept in good repair and adequate light fittings available at all times for every occupier to use.

Gardens, yards, outbuildings, boundary walls/fences, gates, etc., which are part of the HMO, should be safe, maintained in good repair, kept clean and present no danger to occupiers/ visitors.

Any part of the HMO that is not in use (including areas giving access) should be kept clean and free from refuse and litter.

Any fixtures, fittings or appliances used in common by two or more households within the HMO must be maintained in good and safe repair and clean working order. But this doesn't apply if the occupier is entitled to remove the item or which is otherwise outside the control of the manager.

Duty to maintain living accommodation

The internal structure, fixtures and fittings, including windows and other means of ventilation, should be kept clean, in good repair and in working order. Each room and all supplied furniture should be clean at the beginning of the tenant's occupation.

Duty to provide waste disposal facilities

The manager must ensure that sufficient bins or other suitable receptacles are provided. The containers must be adequate for the requirements of each household occupying the HMO for the storage of refuse and litter pending their disposal.

Also, to make further arrangements for the disposal of refuse and litter from the HMO as necessary, regarding any service for such removal provided by the local authority.

Duties of Occupiers of HMOs

The regulations also place some duties upon the occupiers (the tenants) of an HMO.

These duties include:

  • not obstructing the manager in the performance of their duties
  • allowing the manager access to the accommodation at all reasonable times to carry out their duties
  • providing information to the manager who would be reasonably expected to enable them to carry out their duties
  • acting reasonably to avoid causing damage to anything the manager is under an obligation to supply, maintain or repair
  • storing and disposing of litter and refuse as directed
  • complying with reasonable instructions of the manager concerning any fire escape, fire prevention measures and fire equipment.

Suppose an occupier breaches their duties under the regulations. In that case, it is likely to put their tenancy at risk, and the landlord/manager may be able to take legal action against the tenant. Tenants can also be prosecuted by the local authority and can be fined. The regulations impose duties on landlords/managers and tenants, and both can be prosecuted and fined for breaching them.

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