Round #1139

A three-storey terraced house at 47 Beechwood Road, Leeds is let on five separate ASTs to five unrelated professionals sharing kitchen and bathroom; landlord has not applied for any licence. Leeds City Council has additional licensing only in the LS6 ward (this property is LS8). Does the property require a mandatory HMO licence under section 55 of the Housing Act 2004?

## Analysis: Mandatory HMO Licensing Requirements ### The Statutory Test (Housing Act 2004, s.55 + The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 (SI 2018/221)) The mandatory licensing scheme applies to an HMO if it meets the **prescribed description**. Since 1 October 2018, that description is: > An HMO occupied by **5 or more persons** forming **2 or more households**, regardless of the number of storeys. *(The pre-2018 requirement that the building be at least 3 storeys was removed by SI 2018/221, Art. 3.)* --- ### Applying the Test to 47 Beechwood Road | Criterion | Position | Met? | |---|---|---| | Is it an HMO? (s.254 HA 2004) | 5 unrelated professionals sharing kitchen/bathroom = standard "Section 254(2) test" HMO | **Yes** | | 5 or more persons? | 5 tenants | **Yes** | | 2 or more households? | 5 unrelated individuals = 5 separate households (s.258 HA 2004) | **Yes** | | Prescribed description under SI 2018/221? | All conditions satisfied | **Yes** | The additional licensing point (LS6 only) and the property's location (LS8) are **irrelevant** to mandatory licensing — mandatory licensing is a **national scheme** imposed by statute, not a local discretionary designation. The absence of a Leeds additional licensing designation in LS8 affects only *additional* licensing under s.56 HA 2004. --- ### Conclusion **Yes — a mandatory HMO licence is required under section 55 of the Housing Act 2004.** The property satisfies all conditions of the prescribed description in SI 2018/221. The landlord is currently committing a criminal offence under **s.72(1) HA 2004** (operating an unlicensed HMO), which carries: - An **unlimited fine** on conviction on indictment / summary conviction; or - A **civil penalty of up to £30,000** (Housing and Planning Act 2016, s.126); and - Potential **rent repayment orders** in favour of the tenants of up to 12 months' rent (s.40–41 Housing and Planning Act 2016). The landlord should apply to Leeds City Council for a mandatory HMO licence immediately. --- *This is legal analysis for informational purposes and does not constitute formal legal advice.*

Yes. The property requires a mandatory HMO licence under section 55 / Schedule 14 of the Housing Act 2004 (as amended by the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018). It meets all three prescribed criteria: it is occupied by five persons forming two or more households, it is at least three storeys high, and those persons share basic amenities (kitchen and bathroom). The LS6-only additional licensing scheme is irrelevant to this analysis — mandatory licensing applies nationally regardless of any local designation, and the property's LS8 postcode places it outside that scheme in any event. The landlord is operating an unlicensed HMO in breach of section 72(1) and is liable to an unlimited fine or a rent repayment order.