Section 257 HMO

What is the act?

Section 257 HMO of the Housing Act is a government law that regulates housing accommodations for multiple-occupancy buildings. This lays out specific requirements for properties that are considered section 257 housing. This includes minimum square footage requirements and safety standards for common areas like hallways and stairwells.

The Housing Act 2004 section 257 applies to entire converted residences, not individual dwellings. A HMO is a structure that allows more than four unrelated persons to live in one unit (other than an emergency exit).

As a building:

  • where each dwelling has its own entrance, kitchenette, and bathroom, which have all been converted into self-contained flats.
  • where the conversion work did not, and still does not comply with the appropriate building standards.
  • where less than two-thirds of the flats are purchased by homeowners

The building standards that apply to the conversion are those established by the Building Regulations 1991 or 2000, whichever were in force when it was completed.

Owners-occupiers are individuals who have a lease of more than 21 years or who own the freehold in a converted block of flats, or a member of the owner’s household.

Local authorities

To date, local governments have been required to license larger HMOs with three or more stories and five or more residents (forming more than one household) in order to protect the rights of tenants. This does not apply to converted homes into self-contained flats, which are known as section 257 HMOs (section 257 HMOs).

Buildings that are not classed as HMOs under the Housing Act 2004

Even if a property does meet the HMO definition (schedule 14 HA 2004), it may not be an HMO for the purposes of the Housing Act 2004. These buildings are:

  • those under the management or control of a local housing authority, a registered provider (also known as RSL), or certain other public bodies (e.g. NHS, fire authority).
  • Accommodations that would be regulated under this bill include, but are not limited to, adult care homes, children’s homes, and bail hostels.
  • Full-time students studying for a higher education at an educational establishment that manages the building in question and is subject to an approved code of practice. The buildings these students occupy are also subject to this code.

Living in this type of property

If you are living in section 257 housing; it is important to know your rights and advocate for yourself when dealing with problems related to your home. You can contact your local housing authority for help. Alternatively; reach out to a solicitor who specializes in housing law. By staying informed and being proactive, you can ensure that you are getting the quality housing and treatment you deserve.

If you would like to find out more please contact us.

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