Treatment of children and resident owners

A number of these standards refer to the space and facilities required according to the number of occupants of the property. In general, this relates to the number of adults. It is suggested that, for these standards, children over 10 years should be treated as full adults, children between one and ten years as equivalent to half an adult, and children under one should not be counted.

4.7.10             It is relatively uncommon for children to be accommodated in an HMO. When this does occur it is often because emergency accommodation is required, either for the whole family or for a child who cannot stay with his or her usual carer. Local authorities will wish to take a sympathetic approach to requests for variation of a licence where this would lead to the HMO exceeding the permitted number of occupiers. 

4.7.11             Local authorities should note that, when assessing the standards and facilities required, licensing officers should take account of all the likely occupiers of the property, including the applicant where the proposal is for the owner to be resident in the HMO. For example, a couple renting out spare rooms in their own home to five occupiers from three families will need facilities appropriate for 7 people.

4.8       SECTION 131(2)(da) - SUBDIVISION OF ANY ROOMS WITHIN THE ACCOMMODATION

4.8.1   Local authorities must consider whether any rooms within the property have been subdivided, as this may impact on their assessment of the suitability of the accommodation to be occupied as an HMO.  In the case of rooms to be used for sleeping accommodation it is suggested that this should involve consideration of: whether the dividing walls are of adequate thickness and quality; the dimensions of the rooms created; whether each room created has adequate natural light and ventilation; whether each room created has its own space heating and electrical sockets.

4.9       SECTION 131(2)(db) - ADAPTATION OF ANY ROOMS WITHIN THE ACCOMMODATION, RESULTING IN AN ALTERATION TO THE SITUATION OF THE WATER AND DRAINAGE PIPES WITHIN IT

4.9.1   It is also necessary for authorities to consider any adaptations which have resulted in the displacement of the water and drainage pipes within the HMO.  It is suggested that authorities should consider this in tandem with the possibility of public nuisance resulting from the HMO e.g. where the new location of the water and drainage pipes could result in noise nuisance to neighbouring occupiers, or the possibility of flooding.