What HMO Legislation Applies to my Property?
As a HMO, you’re governed by two sets of rules under two regulation bodies. One is to satisfy (The Housing Act 2004)-The Management of Houses in Multiple Occupation Regulations 2006. This is enforced by the local council. The second one is, the Fire Services’ Order, 2005 (FSO Order), which is governed by West Midland’s Fire Rescue Service, for a HMO.
Under the Management of Houses in Multiple Occupation Regulations 2006 you have to satisfy the Local councils rules regarding your HMO and then they offer you a HMO licence. This may be done during a visit from the enforcement/licensing team.
However this does not satisfy the FSO Order2005- The Fire Safety Order places a legal obligation to carry out a fire risk assessment, on licensed HMO’s. To satisfy this order, it requires a fire risk assessment within the common parts of the HMO. This is the law, and is enforceable by the West Midlands Fire & rescue service, for all licensed HMO’s.
So even if you have had the council to come around and check your HMO, that’s only satisfying the Management of Houses in Multiple Occupation Regulations 2006. . You will still need to adhere to the FSO order, which requires a fire risk assessment.
Please see Coventry City Council link for clarification. https://www.coventry.gov.uk/info/280/housing_enforcement/3348/hmo_licensing/5
Both of these sets of regulation bodies address the concerns of adequate fire precautions within the HMO. It’s essential that HMO’s have adequate means of escape in the event of fire and protection. The legal obligation therefore of a fire Risk assessment would be to identify the fire precautions necessary within your HMO to save lives, and satisfy the law.
Do you have the skill, knowledge as well as competency and experience to carry out a fire risk assessment, based on protecting lives? This will what the judge will need to see proof of to determine who will be implicated in such a case.
Talk to us today to get HMO compliant – Call us on 02477 360 021.