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MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION: GUIDANCE FOR LICENSING AUTHORITIES

PART 3: STANDARDS AND LICENSING CONDITIONS

The licensing of HMOs seeks to control standards in three main areas: the suitability of a property owner to be an HMO landlord, his management of the premises, and the physical condition and facilities of the accommodation. These things must be checked before a licence is granted; the licence is then usually granted with conditions which require the standards to be maintained through the period of the licence.

A licensing authority has discretion to set any reasonable conditions it thinks fit. HMO licensing covers a wide variety of different types of property and occupiers. While it is desirable to have consistency in the requirements for similar types of HMO, it is also necessary to have flexibility in responding to individual circumstances. The suggested conditions described below are intended to give a reasonable standard which would apply to most HMOs, but which can be varied as necessary.

3.1: FIT AND PROPER PERSON

The licensing authority must be satisfied that the person applying for an HMO licence is a "fit and proper person" to hold a licence. The same test applies to any person managing the premises, and any director or partner in a company or organisation which owns or manages the HMO.

The legislation does not give a precise definition of a "fit and proper person", but the licensing authority should check with the police whether the applicant has any relevant convictions. Not all convictions would be relevant to a person's prospective role as an operator of an HMO. For example, motoring offences would not be relevant, but a conviction for fraud or theft could be since the operator would be in a position of trust. If the HMO operator is subject to any other form of regulation, the licensing authority may wish to approach the relevant regulatory authority, such as the Care Commission or the environmental health service, for their comments. This would usually focus on the applicant's record of maintaining standards and their response if concerns are raised. Ultimately it is for the local authority to decide whether the applicant is a "fit and proper person" based on all the information available to it.

The licensing authority is encouraged to share information about the fitness of an applicant to be an HMO operator with other local authorities, since operators may own HMOs in more than one local authority area. In doing so, care must be taken to protect confidentiality and to ensure that the terms of Data Protection and Human Rights legislation are observed.

3-2: MANAGEMENT STANDARDS AND LICENSING CONDITIONS

Good management by the landlord is vital if the aims of HMO licensing are to be achieved. Physical standards must be maintained, tenants' rights must be respected, and any problems which arise during the period of the licence must be effectively addressed. Good management is also key to tackling the issues which most concern neighbours of HMOs, such as building maintenance, cleaning, and noise or disturbance. For these reasons, licensing authorities are expected to give equal weight to management issues as to physical standards in deciding whether to grant, renew or suspend a licence.

The landlord of a licensed HMO has two main sets of obligations. One is to meet the requirements of licensing, which the local authority has the responsibility to enforce. The other set of obligations relates to the tenancy or occupancy agreement between the landlord and the tenant and the legal requirements governing tenancies and the provision of residential accommodation. Notes on different tenancy/ occupancy arrangements are given at 3-2.2.
The landlord may also have property obligations to neighbouring owners in terms of title conditions or property law. These would be for those neighbours to enforce.

All types of HMO should provide occupants with some form of agreement setting out the rights and responsibilities of both parties, even if the accommodation is only temporary. Local authorities should ensure that information and advice is available to help landlords deal with the situation if tenants do not fulfil their side of the occupancy/tenancy agreement, or cause disturbance to other tenants or neighbours. Good management based on a clear tenancy/ occupancy agreement can be very effective in tackling such problems at an early stage.

A number of initiatives are currently being taken forward by the Scottish Executive with the aim of improving standards of property and management in the private rented sector more generally. Local authorities should have regard to good practice highlighted by those initiatives, but should keep in mind the distinction between minimum requirements and enhanced standards, such as those for voluntary accreditation of landlords. Licensing authorities must also have regard to the different conditions and standards that may be appropriate for permanent, general housing, for temporary or emergency accommodation, and for accommodation with care or support.

3-2.1 RECOMMENDED LICENSING CONDITIONS

The following key points are recommended as basic licensing conditions to be included in all HMO licences (numbered "LC" - Licensing Condition). The wording given here is intended to be applicable to all types of HMO. They are drawn in terms of general principles because breach of any one condition may be a ground for suspension of the licence. The licensing authority may wish to be more specific or explicit in the conditions for individual licences but in most cases it may be sufficient to make clear in guidance to the licence holder what is expected in terms of law and good practice, and what in consequence would be regarded as a breach of the condition and a ground for suspension.

subsequent paragraphs give further guidance on the interpretation of these licensing conditions.

LC1 The landlord must provide each tenant with a clear statement, in a form they can understand and keep for reference, of what is expected of them and what they can expect from the landlord. The agreement must include key elements. [These may be listed in a schedule]

LC2 The landlord must take steps to ensure that the property, fittings and furniture, including fire precautions and gas and electrical installations, are maintained throughout the period of the licence to the standard required. [Details may be listed in a schedule if required]

LC3 The landlord must act lawfully and reasonably in requiring any advance payments, handling rents, returning deposits, and making deductions from deposits.

LC4 Actions to secure repossession must be only by lawful means.

LC5 The landlord must comply with all relevant legislation affecting private sector residential tenancies, and all legislation relating to other activities carried on in the premises, such as the provision of care or support, or food preparation.

LC6 The landlord must manage the property in such a way as to seek to prevent or deal effectively with any anti-social behaviour by tenants to anyone else in the HMO or in the locality of the HMO.

LC7 The landlord must provide tenants and adjoining neighbours with details of how they can contact him or his agent in an emergency, or with non-urgent complaints.

LC8 The landlord must ensure that a telephone line is available in an area of the property accessible to all tenants, where the tenants can provide a handset and arrange for the telephone service to be provided.

LC9 Tenants must be given clear advice on action to be taken in the event of an emergency.

Interpretation of conditions

The following sections set out legal requirements and good practice relevant to each of the recommended conditions, to assist licensing authorities to determine what should be included in specific conditions or in guidance to landlords in relation to each licence.

Various legal requirements apply to different forms of rented accommodation, setting out tenants' and landlords' rights and responsibilities. The operation of the licensing conditions will in some cases depend on the type of tenancy or occupancy which exists.

• For most ordinary shared accommodation, with a tenancy of at least 6 months, an assured tenancy or short assured tenancy will probably apply. The main exclusions are where there is a resident landlord and accommodation leased by a university or college to a student. Lettings by a government department, local authority or RSL cannot be assured or short assured tenancies.
• In most other HMO accommodation, an occupancy agreement is likely to be in place rather than a formal tenancy. Model occupancy agreements for shared accommodation have been produced by the Scottish Federation of Housing Associations, and these will be used by local authorities and RSLs.
• The Scottish Executive is developing regulations on minimum rights for hostel dwellers and other short-term accommodation, under section 7 of the Housing (Scotland) Act 2001.

LC1 - statement of rights and responsibilities

For an assured or short assured tenancy, the tenant must be provided with a written tenancy agreement. In most other situations, this is also good practice. However, for some clients, it may be more appropriate to provide the agreement in a different format, or to go through it verbally and leave a copy which a relative or support worker can help the client to refer back to if necessary. The tenancy agreement should also be made available in other languages if appropriate. In most cases the agreement should be provided before the tenant moves in. For emergency accommodation, it should be provided as soon as is practicable after admission.

Recommended elements to be included in the tenancy/occupancy agreement are given in section 3-2.3.

LC2 - physical maintenance

The landlord will be responsible for maintaining the structure of the house and fixtures and fittings for the supply and use of hot and cold water, gas and electricity. He will also be responsible for ensuring that other fixtures, furnishings and equipment provided by him for the use of tenants are safe and fit for purpose. Specific legislation applies to gas appliances and soft furnishings. The licensing authority may wish to attach a schedule detailing its requirements in terms of physical standards and how these are to be maintained. Where the HMO is in a shared building, it may also wish to emphasise the shared responsibility of the landlord for the maintenance of common parts, and of the tenants for their cleaning.

The tenant has a duty in common law to use the house in a proper manner, and take proper care to avoid any damage. The landlord may require a tenant to repair, or pay for repair of, the property, furnishings or other items provided by the landlord, if the damage is caused by the tenant or someone visiting the tenant. The landlord is entitled to enter the house, or tenants' rooms, after giving 24 hours notice, for the purpose of inspecting the condition of the property.

Landlords do not have either a duty or a right to inspect electrical equipment belonging to the tenant. However, it would be reasonable to highlight issues of electrical safety to tenants, in terms of both maintenance of appliances and safe use of extensions or adaptors, for example. Landlords could also ask the tenant to repair or stop using any particular equipment which appeared to be unsafe. In hostel-type accommodation it may be appropriate for the landlord to prohibit the use of any electrical equipment not provided by him.

LC3 - financial issues

Financial issues are, understandably, one of the most frequent causes of conflict between tenants and landlords. The licensing authority has no role in considering the amount of rent charged, but it has an interest in ensuring that the landlord follows good practice and acts within the law in dealing with payments and deposits. If a pattern of complaints emerges against a particular landlord, the licensing authority may want to investigate in more detail.

In relation to an assured or short assured tenancy, it is illegal for a landlord to require any payment as a condition of granting the tenancy, to require rent to be paid before the start of the rental period to which it relates, or to require a deposit of more than the equivalent of two months' rent. Where rent is paid weekly, in an assured or short assured tenancy, the tenant must be provided with a rent book and given a receipt for each weekly payment. All these points are good practice for other types of tenancy or occupancy.

Where a deposit is required, the tenant should be given a receipt for the deposit. It is best practice for the landlord to keep deposits in a separate bank account. Possible reasons for deducting any amount from the deposit should be made clear when the deposit is paid, and if any deduction is made before its return, the tenant should receive a written statement identifying the reason(s) for the amount deducted. Deposits should be returned as soon as possible after the tenant leaves.

LC4 - actions to secure repossession

In the great majority of cases tenants will leave the property at the end of their lease. Indeed, HMO tenants generally stay for relatively short periods of time in any one property. However, if difficulties arise, it is important that landlords follow the law in acting to remove a tenant. Where a formal tenancy exists, it is usually necessary for the landlord to obtain a court order requiring the tenant to leave. For occupancy agreements, particularly where there is a resident landlord and in hostel accommodation, other arrangements will apply, but the landlord must always follow the procedure set out in the occupancy agreement. It is in all cases illegal to use any form of harassment to try to make an occupant leave.

LC5 - compliance with legislation

This condition simply requires that the landlord does not break the law in any of his operations in relation to the licensed property. The issues affecting private sector residential tenancies are mostly set out in this guidance under other conditions, relating to security of tenure, repair, safety and so on. Regulation of the landlord's other activities are not directly the concern of HMO licensing, but failure to comply with the law or address any areas of concern in these areas may have an effect on whether he is considered a fit person to hold a licence. The licensing authority may wish to consult relevant regulatory authorities for their comments, as set out in section 3-1.

LC6 - preventing or dealing with anti-social behaviour

As part of a landlord's tenancy management duties he must ensure as far as he is able that tenants conduct themselves in a way that does not cause nuisance or distress to any other person in the HMO or in the locality of the HMO. This should be made clear to tenants as part of the tenancy/occupancy agreement, and if a complaint is made to the landlord, he should take steps to deal with it. The local authority can help by engaging with landlords and providing information and advice on good management practice. If a complaint is made to the local authority by a neighbour of an HMO, the authority should investigate and, if appropriate, request that the landlord take action. In deciding whether action is required, the authority should consider whether the behaviour complained of would be unacceptable in any other, non-HMO household. Any approach to the landlord must be based on clear evidence that tenants of that particular property were responsible for the behaviour complained of.

The actions open to a private sector landlord for the better management of antisocial behaviour include, for example, enforcing terms in the tenancy agreement, setting clear standards, advising tenants (for example on reducing noise nuisance), investigating complaints, requesting the local authority to initiate an Anti-social Behaviour Order (ASBO), providing information in support of ASBO proceedings, seeking an interdict, seeking possession at the end of the term of the tenancy or seeking possession on the grounds of anti-social behaviour.

LC7 - contact details

Complaints about rented housing, both HMO and others, often focus on the fact that the landlord cannot be identified or contacted when there is a problem. Clearly tenants should have details about how to contact the landlord, both in routine circumstances and in case of emergency. This information may be provided in a tenant's handbook or information pack, or may be displayed within the property.

The need for neighbours to contact the landlord may relate to tenants' behaviour, but may equally relate to physical issues such as water damage to a flat below, or a need to arrange common repairs. Most landlords are happy to deal with problems when they are made aware of them, so if they can be contacted at an early stage, minor difficulties are less likely to become a source of ongoing conflict.

It is suggested that landlords should be required to provide contact details to their immediate neighbours on all sides. In a flat, they should include all owners and occupiers in the same block, plus those immediately adjoining the HMO property in next-door blocks. Problems either of noise or of disrepair are less likely to affect neighbours in separate buildings, so local authorities should consider the requirements for detached or semi-detached properties on a case-by-case basis, remembering that landlords cannot be expected to control their tenants' behaviour except in the immediate vicinity of the house. Landlords may wish to use an agent to deal with urgent calls, and may wish to provide separate details for emergency access and for non-urgent issues.

Women's refuges and other landlords catering for client groups for whom security and anonymity is important may not wish to identify themselves to neighbours. They should not be exempt from the requirement to provide contact details, but those details need not state the purpose of the accommodation or identify the organisation operating it. An agent may be used, or other arrangements may be made, to ensure that the operator can be alerted to any problems or complaints. If staff are present at all times, the contact details need only note that and ask neighbours to contact the staff on duty.

LC8 - telephone access

Tenants should have a way of contacting emergency services from within the house. In the past it was recommended that a telephone should be provided by the landlord. However, many tenants now use mobile phones and do not wish to pay for the provision of a landline. The new recommendation is therefore that the landlord should ensure a telephone line is connected to the property, so that tenants can arrange for a service and handset to be provided if they wish. This is appropriate for small, domestic HMOs. In larger properties, where residents are less likely to agree such arrangements together, it may still be appropriate for the landlord to provide a telephone in a communal area. Where staff are on hand at all times, they will be responsible for contacting emergency services if necessary, and a telephone for tenants is not required.

LC9 - action in the event of an emergency

In the event of an emergency, such as a fire, gas leak or injury, it is important that tenants know what to do and who to contact. The landlord should provide this information, either with the tenancy agreement or, for hostels and similar types of HMO, permanently and prominently displayed within the property. The information should include, where appropriate, the landlord's emergency contact details and instructions on action to take in the event of a fire. In staffed accommodation it should state how to inform staff of an emergency. In unstaffed accommodation the information should also cover safety information such as the safe use of gas appliances, regular checking of smoke alarms, not tampering with fire doors, and so on.

3-2.2 TENANCY/OCCUPANCY AGREEMENTS

Individual and joint tenancies

In most HMO situations, the occupants do not know one another before they move in, and they move in and move out at different times. In order to be clear what each person is responsible for, particularly in terms of rent and any payments due for damage or bills, it is best practice for each of them to have a separate tenancy or occupancy agreement, which also specifies the parts of the accommodation which they have an exclusive right to occupy and the parts which they share with others.

Some landlords grant tenancies in an HMO on a "joint and several" basis, in which all the tenants are jointly responsible for the rent and other liabilities, but if any of them defaults, the others are required to cover that debt. Such arrangements should be carefully scrutinised by licensing authorities to ensure that tenants are fully aware of their liabilities before accepting the tenancy.

Re-letting, sub-letting and visitors

In some shared flats and houses, the landlord may require the remaining tenants to find a new tenant when someone leaves, or they may set up the tenancy so that one person is the principal tenant and the others sub-let from them. In any such case, there should be an agreement in writing which clearly sets out the tenants' responsibilities and liabilities for such things as advertising costs, taking up references and arranging for the payment of rent. If the landlord takes on the task of finding new tenants, he should give the existing tenants at least 24 hours notice of a new tenant moving in.

Landlords should take steps to ensure they are aware of who is staying in their property on an informal basis. A person who may be considered a long-term visitor by the tenant could be defined as an additional resident by the licensing authority. Different types of HMO will have very different arrangements for informing the landlord (see TE6). In supported accommodation, there may be very strict rules about non-residents being brought into the premises, for security reasons. In a shared flat, the landlord may simply wish to be informed of any visitors staying for longer than a specified period.

Tenancies and leases

Some HMO buildings, particularly where some form of care or support is provided, are owned by one person or organisation and leased by another, which operates the day-to-day management and lets the accommodation to individuals. This is most often the case with supported accommodation or hostels leased by a voluntary organisation from a local authority or RSL. Universities, in particular, may also manage properties which are (effectively if not formally) leased to them by individual owners.

This is a different situation from an owner using an agent to manage their property. It does not change the responsibility of the owner to obtain the HMO licence, since they are giving permission for the lessee to use the property in that way. However, in terms of the relationship with the occupiers, it is the lessee's procedures and tenancy/occupancy agreements that should be scrutinised. The licensing authority should also examine the terms of the lease between the owner and the operator, to ensure that responsibility for issues such as maintenance are clear, and that the operator has the freedom and authority necessary to fulfil its duties towards the occupants.

3-2.3 RECOMMENDED ELEMENTS OF TENANCY/ OCCUPANCY AGREEMENTS

A sound tenancy or occupancy agreement is an essential base for good management of any rented property, setting out the rights and responsibilities of both the landlord and the tenant. A licensing authority will normally require to check, before awarding an HMO licence, that the operator uses an acceptable form of tenancy or occupancy agreement. This may be a formal tenancy or may come in another form, such as, in temporary accommodation, a list of house rules and service standards, or as part of a contract of employment or a care and support plan. It is not the intention of this guidance to provide a model occupancy agreement, but to identify elements that licensing officers should expect to find in the agreements provided by landlords. It is not necessary for a licensing authority to check the tenancy / occupancy agreements given by Registered Social Landlords which operate HMOs, since these are approved by Communities Scotland.

As with the licensing conditions, the tenancy elements (numbered "TE") set out below are intended to be applicable to all types of HMO accommodation. This means that in some cases the requirements or restrictions may be "none", but for the sake of clarity they should still be included, so that there is no uncertainty should a dispute arise. The importance of the tenancy / occupancy agreement is not simply as a piece of paper, but as a statement of intent and commitment to acceptable behaviour from both parties, which can then be monitored.

This guidance does not cover all the clauses which are required by legislation in different types of formal tenancy. HMO landlords should, of course, comply with the law, and these issues should be checked by the licensing authority with legal advice. However, not all of those clauses are key issues for good tenancy management, and they are not required in occupancy agreements.

TE1 The tenancy / occupancy agreement clearly sets out the amount of rent, what it covers, how it is to be paid, how any changes of rent will be notified to the tenant, arrangements for return of rent deposits and how any deductions from the deposit will be agreed.

TE2 The tenancy / occupancy agreement clearly sets out the respective responsibilities of the landlord and the tenant for cleaning, maintaining and repairing the property, fittings and furnishings. This includes timescales for the tenant to report any disrepair which is the responsibility of the landlord to rectify, and for the landlord to respond.

TE3 The tenancy / occupancy agreement states that the tenant is entitled to receive 24 hours notice, in writing, of the landlord's intention to enter the property, or areas of the property to which he or his staff do not normally have access, for the purpose of carrying out maintenance, repairs or inspection. (This does not restrict emergency access if necessary. Access for other purposes, such as cleaning, security or to provide care, should be dealt with separately where appropriate.)

TE4 The tenancy/occupancy agreement makes clear that the tenant, and any person visiting the tenant, must not commit any form of harassment, or behave in a way that causes nuisance or distress, to any other person in the HMO or in the locality of the HMO.

TE5 The tenancy/occupancy agreement gives details of the landlord or agent's name and address.

TE6 The tenancy/occupancy agreement clearly sets out whether the tenant may sublet, and any restrictions on tenants having visitors.

3-3: PHYSICAL STANDARDS

One of the key aims of HMO licensing is to ensure that the accommodation provided is safe, of good quality, and has sufficient facilities for the number of occupants. The following paragraphs set out the aspects which should be considered. Technical details for the Benchmark standards, such as measurements and relevant British Standards, are included in Annex C.

It should be noted that the Benchmark standards are intended to provide reference points to help local authority and fire officers determine whether a particular HMO offers an acceptable level of accommodation, and they should be applied flexibly. Appropriate standards may vary, depending on the circumstances of each case, and it may also be possible to achieve the same level of accommodation or safety through different packages of measures. Licensing officers should always give consideration to alternative approaches proposed by the landlord. In setting required standards, licensing authorities should keep in mind the need to achieve a reasonable level of accommodation and safety without placing too great a burden on the owners of HMOs, which could lead to a reduction in the supply of this type of housing.

Relationship to compliance with the Building Regulations

The Benchmark standards included in this guidance cover a range of issues, many of which are also addressed by Building Regulations, with guidance given in the new Technical Handbooks ³. However, these apply only to new buildings, to existing buildings when they are altered or converted, and to extensions. Conversions include certain types of change of use, and significant alterations in the type and the number of expected occupants. Often, it would be impractical to apply the same level of requirements to older properties if they are not undertaking such alteration or conversion. The Benchmark standards have therefore been compiled, in some cases from the requirements of Building Regulations, but also from existing practice in other areas such as Environmental Health.

Newly-built or converted HMOs must of course meet the level of requirements applicable under the Building Regulations. However, even buildings that meet the Building Regulations requirements may require additional work to make the property suitable for use as an HMO rather than, for example, a family home. In many cases, a building warrant will be required for such work, or if a warrant is not required, the work may still have to meet Building Regulations. Advice should be sought from building standards officers.

Treatment of children and resident landlords

A number of the standards refer to the space and facilities required according to the number of occupants of the property. In general, this relates to the number of adults. It is suggested that, for these standards, children over 10 years should be treated as full adults, children between one and ten years as equivalent to half an adult, and children under one should not be counted.

It is relatively uncommon for children to be accommodated in an HMO. When this does occur it is often because emergency accommodation is required, either for the whole family or for a child who cannot stay with his or her usual carer. Licensing authorities will wish to take a sympathetic approach if this leads to the HMO exceeding its licensed number of occupants for a short time. Licensing officers might work with the local authority's housing department to help the family find more suitable accommodation.

Resident landlords, and any members of their family who live with them, are excluded from the calculation of the number of "qualifying persons" in an HMO. However, when assessing the standards and facilities required, licensing officers should take account of all the occupants of the property. For example, a couple with five tenants will need facilities appropriate for 7 people.

P1 SPACE AND LAYOUT

The HMO should not be overcrowded. Normally, sleeping accommodation will be in the form of single or double bedrooms, although other arrangements can be accepted. Every room used as a bedroom should be capable of accommodating at least

• a bed,
• a wardrobe (except where a built-in wardrobe of equal size is provided), and
• a chest of drawers,

together with adequate activity space.

Benchmark dimensions for rooms, furniture and activity spaces are given in Annex C.

All bedrooms should be located so that it is not necessary to pass through another bedroom to reach a bathroom, WC or circulation space. If there is not a WC on the same level as each bedroom, there must be one no further than the next floor up or down.

Suitable arrangements should be provided internally or externally for drying clothes, bedding etc.

Every stair for a change in level of more than 600mm should have a suitable handrail on at least one side.

P2 KITCHENS

Part of the definition of an HMO is that it is the only or main residence of the occupants, that is, their home. Existing practice has established that, wherever possible, this should mean that residents can get all meals in the accommodation and snacks at reasonable times, whether this is achieved by providing kitchen facilities for residents' use or meals cooked by staff.

The requirements for kitchen facilities should take account of the needs of the occupants and the arrangements for meals (for example, meals cooked communally require less space and equipment than if each person cooks separately). Where kitchen facilities are provided for residents' use they should have:

• one sink for every six people, with integral drainers.
• adequate food storage for the number of occupants (lockable where requested by occupants).
• adequate impervious work surface.
• one cooker for every six people. Cookers should be provided with the associated activity space shown in Annex C.

Microwave ovens and automatic dishwashers may also be provided, but these do not entirely replace cookers and sinks. Existing practice suggests that, where the number of occupants is not divisible exactly by six, a microwave or dishwasher may be accepted as providing for the remaining numbers. (eg, 15 occupants:
2 sinks, 2 cookers, 1 dishwasher, 1 microwave).

P3 SANITARY FACILITIES, WATER AND DRAINAGE

There should be

• one WC for every five people
• one bath or shower for every six people.

Every toilet should have a washbasin within the toilet itself or within an adjacent space providing the sole means of access to the toilet. The toilet and washbasin space should also be separated by a door from any room or space used wholly or partly for the preparation or consumption of food.

There should be hot and cold water supplies suitable and sufficient for their purposes.

The building should be provided with a safe and hygienic drainage system which complies with the relevant British or European Standards.

P4 SPACE HEATING

Each bedroom and living room should have a fixed space heating appliance or be served by a central heating system, which may include any system of warm air or underfloor heating, capable of maintaining a temperature of 18- Centigrade when the outside temperature is minus 1- Centigrade. (A higher temperature may be specified where the HMO is intended to be occupied by older people or others who need additional heating.)

Liquid Petroleum Gas (LPG) heaters should not be used.

Specifications for solid fuel, oil-fired or gas-fired heaters are provided in Annex C.

P5 LIGHTING AND VENTILATION

Every bedroom and living room should have natural lighting and ventilation from a window or windows situated in an external wall or roof, or in a wall between the room and a conservatory. The aggregate glazed area must be equal to at least 1/15th of the floor area of the apartment, and the opening area should be at least 1/30th of the floor area.

Kitchens, bathrooms and toilets should have either natural ventilation as for bedrooms and living rooms, or adequate mechanical ventilation.

There should be an electric lighting system providing at least one lighting point to every circulation space, bedroom, living room, kitchen, bathroom, toilet and other space having a floor area of 2 square metres or more. Any lighting point serving a stair within an HMO should have controlling switches at each storey.

P6 FIRE SAFETY

Every HMO must have adequate fire precautions, including provision for:

• detection and giving warning in case of fire;
• escape from the building; and
• fighting fire.

A risk assessment should be carried out by or on behalf of the applicant to establish both the risk of fire occurring and the risk to people in the event of fire. This would apply to everyone who may be in the HMO (residents, staff and visitors) and should take adequate account of any people with special needs. Such a risk assessment will show whether the existing fire precautions are adequate, and what changes need to be made if not. The risk assessment should be reviewed by officers of the licensing authority or fire authority when inspecting the premises. Guidance on risk assessment and other fire safety matters is contained in Fire Safety - an employer's guide (ISBN 0113412290). Guidance on fire risk assessment specifically for HMOs is currently under review.

Fire safety equipment must be regularly maintained according to the manufacturer's recommendations. An emergency plan should be prepared, and all residents and staff must be made aware of what to do in the event of a fire.

Detailed Benchmark standards for fire precautions are given in Annex C. Licensing officers and fire officers should note that these standards should not be seen as either a maximum or a minimum, but are intended to provide a reference point for an "average" HMO. They should be applied flexibly, taking account of the physical features of the property and the type of occupants in each case. Officers should always give consideration to alternative approaches where these can provide an equivalent level of safety, for example where an automatic life safety fire suppression system is installed in lieu of an alternative means of escape.

P7 GAS AND ELECTRICAL SAFETY

Under the Gas Safety (Installation and Use) Regulations 1998, the landlord must have an annual gas safety check carried out on all gas appliances by a CORGI registered gas installer. The licensing authority should request a copy of the current gas safety certificate to confirm that this has been done.

The landlord should be required to provide certification to show that the electrical system and any appliances provided by the landlord have been examined by a competent person who has confirmed they are functioning properly and are safe. Such an examination should be carried out at least once every three years.

The number of electrical socket outlets should meet at least the following minimum requirements:

• 6 in each kitchen
• 4 in each bedroom and living room
• 4 additional sockets anywhere in the building.

P8 NOISE REDUCTION

Noise is a significant source of complaints about HMOs from neighbours, and some physical aspects of the property can add to the problems. Landlords should be encouraged to consider ways of minimising noise nuisance in relation to the choice and installation of items such as door closers and extract fans, for example. They should be advised to ensure that deafening between floors is not removed during work under the floorboards, and the licensing authority may consider recommending that carpets are laid rather than wooden flooring.

P9 SECURITY

The accommodation should have secure locks on all access doors and ground floor or accessible windows, and on the doors of residents' rooms where appropriate. All locks should be capable of being opened from the inside without recourse to a key, so that residents can escape in case of fire. Landlords could be encouraged to consult the Crime Prevention Officer at the local Police Station for advice on security.

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