HMO Licences for rented out Flats
If you rent out your flat (or you are renting a flat) it may need a HMO (House in Multiple Occupation) licence from Southwark Council.
Full details can be found on Southwark Council’s website. You should seek advice from your own qualified advisor on this matter, given it is a key legal requirement if you are a landlord and the legislation applies to your situation.
- Southwark Council document on Selective Licensing
- Southwark Council “HMO standards” guide – here
When might it be relevant
You have a flat in which three or more rooms are let out as bedrooms separately to two or more separate households.
Typical example:
- A three-bedroom flat rented to three unrelated friends (a flat share)
- A three-bedroom flat rented out to a couple (in one room) and two unrelated persons in the other rooms
Why is it important?
- This is a legal obligation – it is there to ensure certain standards are met at the property
- Without it there will be legal/cost implications for the landlord
- The licence will specify how many people can sleep in each bedroom and those rules must be followed
- A copy of the licence will be sent to your landlord by the council (the flat’s landlord is named on the application form the flat owner completes). To date, the landlord of the 106 flats across the site has only been sent a handful of HMO licences, but it is likely (given the number of known rented flats and that most are rented out) there are many more 3-bed flats being let that may qualify as a licensable HMO than it has received notification of.
It is not for your landlord to advise the council of this, but if the council is aware/investigates, there may be penalties for the relevant flat owner.
Pitfall to be aware of - who is the Managing Agent?
The form the landlord fills out when applying for the licence allows them to name the person/company that is the managing agent. Important: this will never be Berwick Court Management Limited (BCML) or its agent.
- This section is for flat owners to name a third party who manages the flat on their behalf and who will pursuant to the licence (once granted) have the same legal obligations as the flat owner in relation to the requirements of the HMO licence.
- If you name BCML or its agent on the licence, it will be notified by the council and will object so that the licence is amended – the costs of making that application will be charged to the flat owner in question.
- You can name your estate agent/third party who manages the flat on your behalf, e.g. Dexters, Hastings.
Page last updated: Oct 2023
Disclaimer
The text of this page does not constitute professional legal or other advice and its should not be relied on in order to fulfil any legal obligation which the reader may be required to comply.