HMO Tenant Rights : A Comprehensive Guide

HMOs or Houses in Multiple Occupations have become an ever-evolving or ever-growing landscape. HMOs have become popular for students seeking affordable and shared housing near their universities. Different households share facilities in this particular housing alternative, resulting in various advantages. Although HMO tenant rights are not specific to any particular form of accommodation and therefore, students seeking tenancy in HMOs should also be aware of the rights and HMO house rules for tenants they have while staying in HMOs. It is imperative for students to be well-versed in their rights. In the following guide, we will shed some light on HMO tenant rights and the key aspects they should keep in mind while securing an HMO house. 

Understanding How HMOs Work

Before heading on to understanding HMO tenant rights, let's comprehend what HMOs are all about. HMOs basically mean Houses in Multiple Occupation, where the configuration of the property generally has more than three tenants from separate or diverse households. They all share living spaces within a single property. Although apart from sharing the common living spaces and other common areas such as bathrooms and kitchens, the HMO tenants get to have their own private rooms. The main motive for using this student housing model is to make student accommodation across the globe a more affordable and approachable element of studying abroad. This makes it pocket-friendly for students, promotes a sense of community among the HMO tenants, and helps them mix up with people from diverse backgrounds. 

HMO Tenant Rights

Now that we know what HMOs are, let's unveil what all HMO tenant rights should the students be aware of before renting out an HMO. 

1. Proper HMO Licensing 

One of the most important aspects of HMO tenant rights is for the tenants to ensure that the property owner has proper HMO licensing. This is done to make sure that the HMO house is safe to be rented out to multiple tenants. Once the HMO property is licensed, the tenants can rest assured on dimensions such as daily safety inspections and regular maintenance of HMO fire regulation tools such as fire extinguishers. As the weather, specifically in the UK, is cold, proper licensing also keeps a check on heaters in the house along with geysers. As a part of the HMO tenant rights you are eligible to ask questions regarding this. 

2. HMO Tenancy Agreement

Clarity for both parties in the case of letting out properties goes a long way, especially when it comes to HMOs. One of the most efficient ways to allow students to know their HMO tenant rights is to make sure that there is a legitimate agreement. The agreement will contain a specific outline of HMO tenant rights and also include their responsibilities as occupants. One needs to get into the intricacies of this document and read through it meticulously to understand all the nooks of it. Ensuring that you are comfortable with the terms and conditions included before signing is also highly essential. This document generally involves the owner's viewpoint as it lays down the guidelines of the community the property is present in, such as the noise levels and usage of shared spaces, etc. 

3. HMO Rent & Other Deposits

Tenants in HMOs must be aware of the rent that is to be paid per tenant or per occupancy. They should also be aware of when it is due and the deadlines for the same every month so they don’t miss out on it. HMO tenant rights also include knowing the frequency by which the rent has to be paid and what is the duration in which the rent is due for example, if its monthly or yearly basis.  Moreover, HMO landlords are obligated to secure tenants' deposits in a government-approved tenancy deposit scheme. When it comes to deposit, the agreement should contain when, after the tenancy period is completed, the tenant can possibly have the deposit money back. 

4. Repairs and Maintenance

HMO tenant rights also involves the landlord's and tenants' collaborative efforts in taking care of the property. The HMO tenant rights involve them being able to live in a safe, clean, and well-maintained environment. This means that any technical issue within the house, including damage to the structure, plumbing issues, heating issues, and other problems with the electrical connections, should be repaired in a prompt manner without delay. If the tenants have the right to report the issues to the landlord, who is responsible for sorting it out in a reasonable time frame. In case there is a failure on the landlord's part, the tenant can initiate legal action or is liable to get compensation. 

5. Tenants Privacy Rights 

Privacy, as said, is a fundamental right of any citizen, and so is it an HMO tenant right. Upkeeping this, the HMO tenants and the landlord must know their limits and must ensure that they do not breach each other’s privacy in any manner. The landlords are not allowed, in any circumstances, to enter the tenant’s private spaces without any valid reason or prior notice. This right ensures that tenants feel safe and secure in their own space.

6. Eviction Notice and Related Timelines

When it comes to eviction, protections for tenants living in HMOs are in place. Legal eviction procedures are required by landlords, and tenants maintain the right to contest evictions that are not just or lawful. Usually, evictions must stem from valid reasons, like rent delinquency or violation of terms. Accurate service and adherence to provincial laws are critical when delivering eviction notices. Landlords can face legal repercussions for engaging in illegal evictions.

7. Anti-Discrimination & Harassment 

HMO tenants with a lease have an entitlement to fair treatment without prejudice. Landlords are not able to deny tenancy or exhibit biased behaviour towards tenants on the basis of traits like ethnicity, gender, belief, physical disabilities, or citizenship. In the same vein, this principle opposing discrimination stretches across all areas of the lease, which includes rental advertisement, leasing conditions, and upkeep.

8. Legal Approaches & Rights

As an HMO tenant, don't hesitate to seek legal recourse if your rights are violated. Local government authorities offer assistance, and solicitors who specialise in housing disputes are available to you. Knowledge of available resources gives you the power to tackle any issue that arises.

9. Right to Information

HMO tenants possess the right to receive vital information pertaining to their tenancy. This e­ncompasses the landlord's contact particulars, details regarding their legal rights and responsibilities, as well as comprehensive­ information about rent calculation. Transparent communication fosters understanding among tenants in relation to their obligations and facilitates a harmonious relationship between landlords and tenants.

10. Subletting 

Tenants living in houses of occupation (HMOs) might be allowed to sublet a portion of the property. It is typically necessary to obtain the landlord's approval beforehand. Subletting refers to when a tenant rents out part of their living space to another person. The primary tenant still holds responsibility for the property and rent payments. Landlords may have concerns regarding subletting, such as ensuring that all occupants are suitable and that the property remains well maintained. Therefore, it is crucial to seek consent and adhere to any procedures.

UK Tenant Rights on Repairs in HMO

It is the landlord's responsibility to take care of any repairs related to wiring, pipework and heating systems in the properties in the HMO property. 

1. When living in an HMO with four or more people, certain requirements need to be met. 

2. These include ensuring that there are rubbish bins, avoiding overcrowding, conducting electrical checks every 5 years, performing annual gas safety checks, maintaining cleanliness in shared areas, implementing fire safety measures such as working smoke alarms and providing sufficient cooking and washing facilities.

3. For shared homes (HMOs), it's important to check with the council whether these rules also apply. There might be responsibilities even if you share your home with more than four people.

4. If an HMO license is required for your property, minimum bedroom size requirements must be met. These include 4.64 meters for a child under 10 years old, 6.51 meters for a person aged 10 or over and 10.22 square meters for two people aged 10 or over. However, keep in mind that local councils may have standards.

5. If the bedrooms do not meet these size requirements, the council has the authority to grant time for compliance or require reducing the number of renters in the property.

Legal Protection for HMOs

The HMO tenant rights are protected by the law in the UK. They have a substantial backbone behind them in the form of housing and tenancy acts. These acts may vary from country to country, but when we talk about the UK in specific, here are some of the laws that the HMO tenants can rely on:

1. Housing Act 2004

This act helps protect the HMO tenant's rights. Applicable in the whole UK, this act outlines the regulations to ensure that the HMO tenant rights are protected, and they are not exposed to situations uncalled for. This act specifically sets up the need for property owners to improve the safety measures in and health standards of the property. This law also traces the need for HMO licensing, safeguards HMO tenants from the irrelevant conditions being put by the property owners, and saves the tenants from unfair rental practices. 

2. Rent Control Acts

This rent specifically works around balancing the power dynamics between both the parties, that is, the landlords and the HMO tenants. The subsections of this act can conclude various arguable topics, which include rent increases and unjust evictions, and establish a guideline to go forward with the rental agreement. These laws contribute to protecting the HMO tenant rights and also ensure that there is stability when it comes to the tenancy to maintain the peace for the community as a whole. 

How to seek help?

There are various ways in which HMO tenant rights can be revoked, and the tenants can be saved from being exposed to unfair rental practices. This can include the legal ways mentioned above but can also include other practices that can solve the problems faced by either of the parties in a more efficient manner. Let’s go ahead with them one by one:

1. One-on-One Communication

You can directly communicate with the property owner and address the elephant in the room. Just explain to them what problems you are facing and the concerns you have. Always check if you can resolve the matter through an open line of communication. This approach can lead you towards an efficient way of solving the problem.

2. Lodge a Formal Complaint

Lodge a formal complaint with the local authority and communicate where the landlord is being mistaken. This will lead them to initiate a course of action or at least let the regulatory agencies concerned here know about your problem.

3. Legal Advocacy

After following the first two steps, if the situation remains unresolved, one can seek legal assistance through professionals specialising in HMO tenant rights and rental housing laws. They can guide you throughout the process until you get to a solution. 

4. Tenant Associations & Community

Get in touch with tenant associations or communities that the tenants in a particular region have created. This can get you a lot of support and let you come across the various HMO tenant rights that you might be unaware of. 

5. Gather Evidence & Be Aware of Local Policies

Always remember that while you are facing any issue in a rental house, you keep your evidence to present it as and when needed. This includes correspondence with the landlords, photographs, recording, and any other communication that explains your exact problems and where you feel the other party is at fault. May it be the HMO tenants or the landlords. Apart from this, it is also essential to understand and know the existing policies for a specific region or city.

Conclusion

In the end, we can say that HMO tenant rights should be upheld as the first priority when it comes to letting out an HMO house. It is essential for every tenant, as well as the property owner, to know what rights they have and how they can seek help when they are exposed to unfair or illegal rental practices. For you to put up your case in a strong manner, it is essential for you as tenants to know what rights you have and what laws can support your cause. Hope this blog has helped you with the overall process.