The building is occupied by more than one household:
A household is:
Draft guidance states the following storeys shall be taken into account when calculating whether the HMO or any part of it comprises three storeys or more.
The HHSRS or Housing Health and Safety Rating System is the new regime introduced by Part 1 of the Housing Act 2004 for assessing poor housing conditions. It replaces the old fitness standard previously used by Environmental Health Officers to assess conditions with a new evidence-based risk assessment process.
The HHSRS takes into account actual hazards brought about by defects in housing and compares the extent of the hazard against actual factual accident / illness data.
Along with the new system the Act also introduces a number of new enforcement options that Environmental Health Officers can use when dealing with poor housing conditions, such as new improvement notices, prohibition orders and even emergency prohibition powers to intervene in situations where there is an imminent risk to residents health and safety.
Where a building, or part of a building, is partly occupied by persons as their only or main residence, but is also partly occupied otherwise than as a residence, for example a Bed and Breakfast establishment providing accommodation for both homeless people or asylum seekers and for holidaymakers, the LHA may declare the building an HMO if it is satisfied that the occupation by persons as their only or main residence is a significant use of the building, or part of the building.
If an owner or manager does not agree that the building should be subject to an HMO Declaration he/she can appeal against the LHA decision to a Residential Property Tribunal (RPT). On appeal the tribunal must either confirm the declaration or revoke it.
The LHA may revoke a declaration in force, either on its own volition, or upon the application of the owner or manager, if it is satisfied the building is no longer used significantly by persons as their only or main residence. If the LHA refuses to revoke the declaration the applicant can appeal to the RPT, which can either uphold that decision or revoke the declaration.