Who is Responsible for Management?

The legal duties for HMO management fall on the 'person having control' of the HMO or the 'person managing' it. This is typically the landlord, but could also be a managing agent if they are responsible for the day-to-day management of the property.

Note: The person managing the HMO must also be a 'fit and proper person' and, if required, hold a valid HMO licence from the local authority.

Key Management Duties

The regulations impose a range of specific duties on HMO managers, including:

• 1. General Management:
  • Ensuring the HMO is managed in a safe and efficient manner.
  • Taking reasonable steps to prevent and deal with anti-social behaviour by Contract Holders.
  • Ensuring the terms of the occupation contract are adhered to.
• 2. Fire Safety:
  • Ensuring all means of escape from fire are kept clear and maintained in good order.
  • Maintaining all fire safety equipment (e.g., smoke alarms, fire doors, emergency lighting, fire extinguishers if provided).
  • Carrying out a regular fire risk assessment and acting on its findings.
• 3. Gas Safety:
  • Ensuring all gas appliances and flues are checked annually by a Gas Safe registered engineer.
  • Providing a copy of the Gas Safety Record to Contract Holders.
• 4. Electrical Safety:
  • Ensuring electrical installations are safe and have a valid Electrical Installation Condition Report (EICR) every five years.
  • Providing a copy of the EICR to Contract Holders.
• 5. Water Supply and Drainage:
  • Ensuring the water supply and drainage systems are maintained in good repair and proper working order.
  • Conducting a Legionella risk assessment and implementing control measures.
• 6. Waste Management:
  • Providing adequate and suitable facilities for the storage and disposal of household waste (e.g., sufficient bins).
  • Ensuring waste is regularly disposed of and the area kept clean.
• 7. Maintenance of the Property:
  • Maintaining the structure and exterior of the HMO in good repair.
  • Keeping common parts (e.g., staircases, hallways, gardens) clean, safe, and in good decorative repair.
  • Ensuring all fixtures, fittings, and appliances provided by the landlord are in good working order.
  • Responding promptly to repair requests from Contract Holders.
• 8. Amenity Standards:
  • Ensuring there are adequate kitchen and bathroom facilities for the number of Contract Holders. Local authorities often have specific standards for the number of sinks, toilets, baths/showers, and cooking facilities per person.
  • Ensuring adequate heating and ventilation in all parts of the property.

Providing Information to Contract Holders

The manager of an HMO must display their name, address, and telephone number in a prominent position within the HMO. This ensures Contract Holders know who to contact in case of an emergency or for repairs.

Consequences of Non-Compliance

Failure to comply with HMO management regulations can lead to serious penalties, often enforced by local authorities:

• Unlimited Fines: For breaches of management regulations.
• Financial Penalties: Local authorities can issue civil penalties of up to £30,000.
• Rent Repayment Orders: Contract Holders can apply for a Rent Repayment Order, requiring the landlord to repay up to 12 months' rent if the property is not properly managed.
• Banning Orders: Serious or repeated breaches can lead to a landlord being banned from letting or managing properties.
• Revocation of Licence: An HMO licence can be revoked if management duties are not met.