Landlords must understand section 254 outlined in the Housing Act 2004 . This Housing Act extended the rules regarding HMOs (House in Multiple Occupation) and their regulated licences. This guide will focus on Section 254 under the Housing Act so you can better understand what it is and if there is anything you need to do.
It’s also important to note that changes to Section 254 may happen in the future, so checking regulations regularly is always encouraged.
What is Defined as an HMO?
This type of property includes a house, flat share, a student home, bedsits, and some buildings which have been converted into more than one self-contained flat. For a property to be defined, it must meet the following criteria:
HMOs Under Section 254
- The Standard Test. A house occupied by people from more than one household who share an amenity (such as a kitchen or bathroom).
- The Self-Contained Flat Test. A flat occupied by people from more than one household who share an amenity (such as a kitchen or bathroom) and which are in the flat.
- The Converted Building Test. A building that has been converted into more than one flat. The flats don’t all have to be fully self-contained, and amenities may not necessarily be shared.
What is Classed as a Household for Section 254 legislation?
To understand whether a property involves more than one household, you should understand the definition of ‘one household.’
A household is considered one person, or a family of people, living together. This could be single occupancy, a non-married couple, a married couple, or family members like children and their parents. You could also have live-in services related to one family, such as a nanny.
More than one household, therefore, comes into play when you have friends living together or tenants who are simply roommates. This is considered a shared tenancy – or house or flat share – and is viewed as each individual coming from their own household.
What is Outlined?
The Standard Test
A property/part of a property meets the standard test if:
- It has more than one unit of living accommodation
- It is lived in by persons who do not form a single household
- The living accommodation is their only or main residence
- Two or more of the households within the property share one or more basic amenities
The Self-Contained Flat Test
A part of a property meets the self-contained flat test if:
- It consists of a self-contained flat
- It is occupied by persons who do not form a single household
- The living accommodation is their only or main residence
- Two or more of the households within the property share one or more basic amenities
The Converted Building Test
A property/part of a property meets the converted building test if:
- It is a converted building
- It has more than one unit of living accommodation that does not consist of a self-contained flat/flats
- It is occupied by persons who do not form a single household
- The living accommodation is their only or main residence
How we can help
In the ever changing world of local council regulations, we have the know how to help unpick these complicated regulations. If you feel that you need further assistance then please feel free to drop us an email or go to our support page .
Discover Yuno Compliance Solutions!
Effortlessly stay on top of property legislation with a digital compliance report for every property in the UK. Yuno offers an all-in-one solution for seamless digital audits, real-time updates, and a wealth of property compliance knowledge, transforming compliance from a daunting obligation into a strategic advantage.