Exemptions

Certain buildings cannot be defined as Houses in Multiple Occupation (HMO) irrespective of whether they meet the new definitions as described under the Housing Act 2004. These buildings will be exempt from Landlord Licensing.

These are:

• Buildings managed by a Local Housing Authority, Registered Social Landlord, Police, Fire or Health authority.
• Buildings whose occupation is regulated by other Acts
• Buildings occupied by students and managed by the educational establishment in question, on condition that the body has in place an Approved Code of Practice
• Buildings occupied by religious communities
• Buildings predominantly owner occupied, including resident landlords where the owner occupier (and members of his family) occupies the building (or flat) with no more than two other persons
• Children's homes
• Care homes
• Residential family centres
• Boarding schools and colleges
• Approved bail hostels, probation hostels, removal centres, prisons, remand centres, young offender institutions, secure training centres and accommodation centres for destitute asylum seekers

Further property exemptions that apply only to Additional HMO licensing (small three and four person HMOs):

• the house is subject to a temporary exemption notice made under section 62 of the Act
• the property is a mandatory HMO and required to be licensed under section 55(2)(a) of the Act (mandatory licensing)
• the HMO falls under the definition under section 257 of the Act, a building converted in flats that don’t meet building regulations
• the house is subject to a Management Order under Chapter 1 or 2 of Part 4 of the Act
• the HMO is the subject of a statutory exemption under Schedule 14 of the Act
• the HMO is within a purpose-built flat situated in a block comprising three or more self-contained flats, where the person in control is signed up to a code of practice under section 233

These lists are a guide only and landlords are advised to contact the Landlord Licensing team online or call 0161 793 3344 with any queries they may have.

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