Minimum bedroom sizes for HMOs

Government gives date for changes to take effect

The Ministry of Housing, Communities & Local Government has been very busy of late. On 23rd February they announced when extended mandatory House in Multiple Occupation (HMO) licensing would come in. Following close on its heels, yesterday (15th March), came the announcement of the implementation of national minimum bedroom sizes for rental properties.

Parliament will not vote on the change, as ministers will use existing powers to bring in secondary legislation. This will take effect from October 2018.

Housing Minister Heather Wheeler, laid before Parliament plans to “improve overcrowded and dangers living conditions of private tenants”.

Minimum space requirements

The minimum room size has also been confirmed. Here is the text from the Government’s guidance:

“Rooms used for sleeping by 1 person over 10 will have to be no smaller than 6.51 square metres, and those slept in by 2 people over 10 will have to be no smaller than 10.22 square metres. Rooms slept in by children of 10 years and younger will have to be no smaller than 4.64 square metres.”

This shouldn’t be too much of a shock to anyone, as these were the sizes first mentioned in the Government’s consultation on HMO licensing, back in 2016.

The press release from the Government states that:

“[Councils] will be able to set minimum bedroom size standards and also introduce limits on how many people can live in each bedroom of a licensed multiple occupancy home. Councils will be able to use national minimum standards or apply even tougher requirements in order to address specific local needs.”

From our understanding, these are powers that Councils already have.

When the changes take effect

The new standards will apply to all landlords seeking new licences. Where landlords re-apply for licences, they will be given up to 18 months to make the necessary changes. This means that the full effect of this change in regulations will take years to be seen.

Many councils already have minimum room standards of around 6.5 square meters. However, some (including Birmingham City Council), make allowances for one bedroom in a property to be 10% smaller than 6.5 meters squared, so long as the property is let on a joint and several basis. It seems that Council’s will not longer have this discretion.

Although it is not explicit from the press release, the implication is that this regulation will only apply to licensed properties. This begs the question, why is it OK for someone to live in a bedroom of 6 square metres if it’s a three bedroom property, but not if it’s a five bedroom property?

Waste storage

In what appears to be a repetition of existing Local Authority powers, the press release goes on to state that

“Landlords will also be required to provide adequate waste storage facilities in line with their local authority’s rules. If they fail to do so they could face a fine.”

In a positive move, it was announced that:

“The government has re-affirmed the need for councils to provide comprehensive and frequent household waste collections which are free at the point of use. Councils should not seek to impose backdoor waste charging of residential properties, including houses in multiple occupation.” 

This will put to an end the plans of some councils to start charging for waste collections from HMO properties.

References

Government Press Release: www.gov.uk/government/news/crackdown-on-private-landlords-renting-overcrowded-and-dangerous-homes

Consultation outcome: www.gov.uk/government/consultations/houses-in-multiple-occupation-and-residential-property-licensing-reforms