FOI request details

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Request

Subject: Guest Houses / HMOs

Reference: WBC-FOI-00381

Please provide a copy of the Local Authority's policy on when a Guest House (or similar) becomes, in the LA's opinion an HMO and therefore subject to HA 2004.

This question is raised in particular with regard to the considerable number of Guest Houses which house 'homeless' persons on a temporary or short term basis whilst permanent accomodation is found for them.

The policy (or additional notes) should explain how the LA judges whether each such individual is a "guest on licence" or a "tenant on implied AST".

Response

Part Disclosed - 19 January 2023

Request for Information - WBC-FOI-00381 - Guest Houses / HMOs

I refer to your request for information received on 10 January 2023. Please see the information below in response to your request: -

Your Request:

Please provide a copy of the Local Authority's policy on when a Guest House (or similar) becomes, in the LA's opinion an HMO and therefore subject to HA 2004.

This question is raised in particular with regard to the considerable number of Guest Houses which house 'homeless' persons on a temporary or short term basis whilst permanent accomodation is found for them.

The policy (or additional notes) should explain how the LA judges whether each such individual is a "guest on licence" or a "tenant on implied AST".

Our Response:

Please note that Wandsworth Council does not have a 'policy on when a Guest House (or similar) becomes, in the LA's opinion an HMO and therefore subject to HA 2004'.

HMOs are defined under sections 254 and 257 of the Housing Act 2004. HMOs include house and flat shares, student homes, bedsits and some buildings converted into self-contained flats.

Section 254 provides requirements in the 'standard test' which includes the requirement that accommodation has to be used by a person as their only or main residence and that rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation.

Exemptions to HMO licensing are provided in Schedule 14 Housing Act 2004. The exemptions set out in Schedule 14 include;

  • Buildings owned or managed by a public body (such as the NHS or police), a local housing authority or a registered social landlord.

  • Buildings which are already regulated such as care homes, bail hostels

  • Certain buildings that are controlled or managed by a co-operative society

    The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 also provides exemption to HMOs that are managed by a charity registered under the Charities Act 2011 and which is a night shelter, or consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.

    Wandsworth Council does not issue or have any involvement in any types of tenancy agreements.

    I hope this information meets your needs. If you do not understand the information provided or wish to discuss anything further, please feel free to contact us.

    Please note, all material provided by the Council in response to your request for information is for your personal, non-commercial use. The Council reserves all rights in the copyright of the information provided. Any unauthorised copying or adaptation of the information without express written confirmation from The Council may constitute an infringement of copyright. Any intention to re-use this information commercially may require consent. Please forward any requests for re-use of information to the FOI officer.

    If you are dissatisfied with the information provided in relation to your request, you may make representations to the Information and Transparency Manager. Any such request for an internal review should be made within 40 days from today's date. Correspondence should be addressed to: FOIW@richmondandwandsworth.gov.uk

    If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision at: https://ico.org.uk/global/contact-us/

    Regards,

    FOI and DPA Officer

    FOIW@richmondandwandsworth.gov.uk

Please note that our responses were accurate to the best of our knowledge at the time of release, and have not subsequently been updated. This information should be considered an historical record only.