The Management of Houses in Multiple Occupation (England) Regulations 2006
The management regulations as they are known have been made under the Housing Act 2004 and apply to all licensable houses in multiple occupation.
The regulations place the following seven duties on landlords of houses in multiple occupation:
- Duty of manager to provide information to occupiers
The manager’s name, address and telephone contact must be made available to each household and be clearly displayed in the HMO.
- Duty of manager to take safety measurers
The manager must ensure all means of escape from fire are free from obstruction, well maintained and sign posted. All fire alarms and fire fighting equipment must be maintained in good working order. The manager must ensure the design and structural condition of the property including roofs, balconies and windows does not put the occupiers at risk of injury.
- Duty of manager to maintain water supply and drainage
The manager must ensure that any tank, cistern or similar receptacle used for the storage of water for drinking or other domestic purpose is kept in a good, clean working condition and where necessary protected from frost. The manager must not unreasonably cause or permit the water or drainage supply that is used by any occupier of the HMO to be interrupted.
- Duty of manager to maintain gas and electricity
The manager must ensure that every fixed electric installation is inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and obtain a certificate specifying the results. On written request the manager must supply a current electrical certificate and current gas safety certificate issued by a Gas Safe registered engineer to the local authority. The manager must not unreasonably cause the gas or electricity supply used by any occupier of the HMO to be interrupted.
- Duty of manager to maintain common parts, fixtures, fittings and appliances
The manager must ensure all common parts of the HMO are in good and clean decorative repair, maintained in a safe working condition and kept free form obstruction. Particular attention should be paid to handrails and banisters, stair coverings, windows and means of ventilation and light fittings. This duty also covers outdoor areas including gardens, outbuildings, yards, boundary walls and fences.
- Duty of manager to maintain living accommodation
The manager must ensure that in each part of the HMO used as living accommodation the internal structure is in good repair and that fixtures, fittings and appliances provided as part of the tenancy are maintained in good repair and in clean working order.
- Duty to provide waste disposal facilities
The manager must ensure that sufficient bins are provided for each household for the storage of refuse prior to collection.
If evidence is obtained that the management regulations are not being complied with the local authority has the option to take enforcement action either through the service or notices or orders or through action at the magistrate court. If the property is licensed, enforcement action relating to non-compliance with licence conditions will also be considered. Ultimately this could result in revocation of a licence.
The management regulations also place a duty on tenants not to hinder managers in complying with these duties, to provide necessary information to help comply with these duties, to take reasonable care not to cause any damage to anything the manager has a duty to provide, to store and dispose of refuse appropriately and to comply with reasonable instructions regarding fire safety and means of escape.