Conditions for licensed houses in multiple occupation

The Housing Act 2004 allows Leeds City Council to refuse to grant a HMO Licence if it considers a property not to be reasonably suitable – even if it does meet the prescribed standards for occupation by the number of persons.  

It is becoming increasingly common for licences to be refused on the grounds of lack of space within communal areas – particularly where there are open plan areas or living rooms converted into bedrooms. Therefore care needs to be taken when developing properties to make sure there is sufficient space.  

A HMO licence application may be refused on grounds of suitability, where the property does not have the required planning consents for use as a HMO. This will include where the planning authority have refused an application for planning permission or lawful development certificate and also where planning enforcement action has commenced for the illegal conversion to a HMO.   

In circumstances where the landlord has submitted applications to the planning authority, that have yet to be decided, a short term HMO licence (of up to 1 year) may be issued to cover a period of time for the planning decision to be made.  

You should comply with the requirements of any relevant regulations, for example such as the Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 2006 No. 372).                                 

Licence holders should not rely solely on occupiers to report a problem at the property. This includes the maintenance of facilities provided for safety purposes such as fire doors and alarms. Routine inspections should be made to outline any maintenance issues. The licence holder or manager must however comply with any relevant housing legislation in gaining access to the property. For more information on these regulations, call the HMO Team on 0113 378 4698.                                 

You must advise our HMO team of any change in circumstances, including:                                 

• change of address
• change in management details

If you do not advise us of any changes, we may remove your licence.                                 

You must provide access to your property in accordance with the terms of Section 239 of the Housing Act 2004 for the purposes of survey and inspection under Parts 1 to 4. The occupiers of the property must be provided with a copy of the statement of terms under which they occupy the property, for their personal retention. This can be a written tenancy agreement.                                 

The licence holder or a person who the restrictions or obligations under a licence is responsible for ensuring that the terms of the licence are adhered to and may have the licence varied, revoked or be prosecuted for noncompliance. Such action may affect the fit and proper person status of a licence holder and hence any future licence applications.                                 

Under the terms of the licence you will note that you are required to provide various facilities to comply with the relevant licence conditions. If you have already complied fully with the licence conditions you will not need to take any further action. However, it is your responsibility to ensure that you fully comply with the licence conditions as failure to do so could lead to prosecution. You should seek your own independent legal advice if you are unsure.                                 

An HMO licence requires the licence holder to attend an approved training course within six months from the date of commencement of the licence.                                 

In partnership with the Residential Landlords Association (RLA), a one day event has been approved that is based on a manual produced jointly by IDEA and Accreditation Network UK. This covers the essential information of managing a tenancy and health and safety. Once the licence holder has completed the training course, they will receive a certificate to confirm their attendance. If you have already attended the training course, you must provide evidence of attendance.                                 

If you have already attended the HMO Licensing Professional Development Course for Landlords (run exclusively in Leeds) and you can provide evidence of your attendance, you do not need to attend a further course during the period of this licence. Where appropriate, you will be asked to provide evidence of your attendance and it is your responsibility to ensure you have kept your certificate to demonstrate this.                                 

Antisocial behaviour (ASB) means conduct on the part of the occupiers of, or visitors to residential premises which causes or is likely to cause nuisance or annoyance to persons residing, visiting or otherwise engaged in lawful activities in the vicinity of such premises or which involves, or is likely to involve, the use of such premises for illegal purposes.          

Licence holders are required to take all reasonable and practicable steps to prevent or reduce antisocial behaviour by persons occupying or visiting the house, including, but not exclusively:          

• to put in place a written procedure that indicates how complaints relating to antisocial behaviour will be dealt with. A copy of the procedure shall be supplied to the occupiers upon the commencement of their tenancy and to the council on demand
• to keep a written record of complaints received relating to antisocial behaviour. The record shall include details of the complaint together with the action taken to resolve the matter and shall be retained for the term of this licence including reminding tenants of their responsibility towards others and the standards of behaviour expected from them
• where antisocial behaviour is sustained, regular, or more than one occurrence (even if months apart), the licence holder shall take all reasonable and practicable steps to ensure it is effectively dealt with, up to and including eviction
• have a term in the written statement (i.e., tenancy agreement) prohibiting such conduct by the occupiers and visitors
• will be required to corporate with any other bodies such as the council or police if they are taking steps to address the matter

Automatic fire detection systems must be installed and maintained, making sure that tenants are alerted and able to evacuate the house safely. It should be designed to be able to wake people who are sleeping and alert them to the presence of a developing fire.                              

Licence holders have a duty to make sure that smoke alarms are in proper working order at the start of each new tenancy and that they are checked every six months. Licence holders will need to gain a servicing certificate to prove regular servicing.                              

Type and Grade                              

AFDs are described by type and grade. Type refers to the parts of a property that the AFD covers, as described in the table below.                              

Grade A: AFDs comprise of a series of electrically operated smoke or heat detectors which are linked to a control panel that is normally located in the ground floor hallway of a property. The panel should comply with BS EN 54-2: + A1: and the wiring, siting and type of detectors and sounders with BS 5839: part1.                              

BS 5839 is the British Standard that covers the design, installation and maintenance of fire alarm systems and AFDs should be fitted in accordance with it. Grade A AFDs are appropriate for higher risk HMOs as the control panel constantly monitors the detectors and sounders to ensure that they are functioning properly. If a fault occurs then the control panel indicates this.                              

Grade C: A system of fire detectors and alarm sounders (which may be combined in the form of smoke alarms) connected to a common power supply, comprising the normal mains and a standby supply, with central control equipment.                              

Grade D1: A system of one or more mains-powered detectors, each with a tamper proof standby supply consisting of a battery or batteries.                              

Grade D2: A system of one or more mains-powered detectors, each with an integral standby supply consisting of a user replaceable battery or batteries.                              

Grade F1: A system of one or more battery-powered detectors powered by a tamper proof primary battery or batteries.                              

Grade F2: A system of one or more battery-powered detectors powered by a user replaceable primary battery or batteries.                              

Smoke detectors must:                                 

• be mains wired and linked so that when one detector is activated all alarms sound
• have an integral sounder and battery standby supply
• comply with BS 5446-2 and BS EN 14604
• be fitted in rooms where cooking facilities are provided to avoid false alarm

Detectors are not normally required in bathrooms, however if there is a risk of a fire starting in a bathroom then a heat detector should be fitted. With regard to their sounding, the number of detectors fitted in a property and their siting should be such that, when all doors are closed, a sound level of 75 dB(A) minimum is achieved at the bed head. In all other accessible parts of the dwelling a sound level of not less than 65 dB(A) should be achieved.                                 

All grades of system need to be tested periodically to ensure that there has not been any major failure. Fire detectors should also be cleaned periodically in accordance with the manufacturer’s instructions.                                 

The guidance of the manufacturer on the method by which the detector can be tested effectively should be followed. It is essential that fire alarm systems are subject to periodic inspection, so that unrevealed faults can be identified, and to enable preventive measures to be taken to ensure the continued reliability of the system.                                 

Where a Grade A system is provided, periodic inspection and servicing needs to be carried out every six months by a competent person with specialist knowledge of fire detection and fire alarm systems. This is normally by a fire alarm servicing company. On completion of the work, any outstanding defects should be reported, and an inspection and servicing certificate should be issued which should be retained by the landlord/agent to show regular servicing.                                 

In addition, Grade A systems should be tested every week in accordance with the recommendations of BS 5839 1:2017. The result of the weekly test and the identity of the manual call point used should be recorded in the system logbook. All systems, (other than Grade A systems), should be tested at least every month. In the case of smoke alarms, heat alarms and multi-sensor fire alarms, this test may be carried out by use of a test button on every alarm installed in the premises. If an alarm has no test button, assistance with testing should be sought from a competent person. Periodic tests by a competent person of the fire alarm system provides assurance that the fire alarm system is adequately maintained in accordance with licence conditions and provides some due diligence in the event of a fire.                                 

The internal batteries of all detectors should be replaced within each detector in accordance with manufacturer’s recommendations or when a low battery warning has been generated, whichever is the soonest.                                 

A manual fire alarm system consists of break glass points that are situated next to final exit doors and in larger multiple storey properties, on each landing. It allows the occupier of a property to raise the alarm in the event of a fire prior to the AFD being activated. These should be clearly audible in all parts of the building and should be provided to the satisfaction of the Fire Authority and in accordance with BS EN 54-11. These are required where a Grade A system is to be provided. If manual call points are provided they should be operated every week. A different manual call point should be used at the time of every weekly test, so that all manual call points in the building are tested in rotation over a prolonged period.                                 

Unless an automatic fire alarm system is already installed, battery operated smoke alarms are required to be fitted to all rooms and in circulation areas along the route of escape in case of fire. This requirement is intended to provide a safety measure prior to the installation of an automatic fire detection system. If an automatic fire alarm system is already in place then battery operated smoke alarms are not required to be provided.                                 

A protected route of escape provides a safe passage for all occupiers of a dwelling to evacuate the building in the event of a fire to a final place of safety. This is made up of a hallway, landing and stairway within a building.                                 

A protected route of escape should have:                                 

• a 30 minute fire resisting construction
• surface coverings that will not assist the spread of flame
• door locks that are capable of being opened from the inside without the use of a key
• final exit doors and any security grilles fitted to them or to means of escape windows, must also be fitted locks or mechanisms on any final exit doors and any security grilles fitted to them, so that they can be easily opened from the inside without the use of a key
• a 60 minute fire protection in high risk areas
• gas and electricity meters located in cupboards that are large enough to store potentially flammable materials and have a 30 minute fire resistance
• no white goods installed along the route of escape

These are houses that back directly onto another at the party wall and have other properties at either side. Back to backs have only one route of escape out of the property which passes through a risk room (a living room or a kitchen), therefore creating a situation where all bedrooms in the property become inner rooms.                                 

As it’s not possible to provide a full 30 minute fire protected route of escape to a final place of safety, an FD30S fire door requires fitting to the bottom of the ground to first floor staircase. Due to the size of this doorway this may need to be a 30 minute fire door blank adapted to size if it is not practicable to install a standard FD30 S fire door or fire door set.                                 

A thirty minute fire separation between ground and first floors is also required (walls, ceilings and floors) of sound, traditional construction would be deemed to provide 30 minute protection. A 30 minute fire protected route should then be provided at first and second floor, leading to a suitable escape window at first floor level. Where the ground floor kitchen and living room are not open plan, a FD30 fire door between the kitchen and the living room is required.                                 

Where the requirements for an escape window cannot be met at first floor level, one of the alternative measures must be taken:                                 

• a 30 minute protected route of escape has been planned through the house to the final exit door
• a 60 minute fire separation is installed between the ground and first floor levels, along with a fire alarm linked to the fire service
• a domestic water suppression system is installed

In some back to back properties, the staircase can come down to a hallway at the front of the property leading directly to the final exit door without passing through any risk rooms. In these instances the general requirements for protected routes should be followed.                                 

Fire doors to risk rooms opening onto the route of escape must not have any gaps between the door casing and the structure it is fixed to, should be filled with noncombustible material. This door must also be a 30 minute fire door fitted with three hinges.                                 

Doors without smoke seals are usually fitted where there is an AFD with LD2 and LD3 coverage, whereas doors with smoke seals are fitted where there is an AFD with LD1 coverage. Existing doors and frames should be replaced with a new door set rather than being upgraded.                                 

Self-closing devices must be fitted to all entrance doors to flats and bedsit rooms complying with BS EN 1154. They must also be fitted to fire doors on risk rooms in shared houses of three or more storeys.                                 

Ordinarily, fire doors would not need to be provided to bedrooms, bathrooms and WC’s located on the route of escape. This should only be considered where there is a specific risk involved, for example; where risk assessment deems the occupation of the bedroom to be a ‘risk room’ or where a gas boiler is provided in the bathroom.                                 

Escape windows will only be considered satisfactory if:                                 

• they have an unobstructed openable area that is at least 0.33m (neither the height or the width must be less than 450mm)
• the bottom of the openable area is no more than 1100mm above the floor
• an existing conversion complies with the building regulations
• the ground below the escape window is level and free from obstructions
• they are openable from the inside without the use of a removable key
• they lead to a place of safety, clear of the building

If these requirements cannot be met, the use of the escape window should not be accepted and an alternative approved solution should be adopted.                                 

If tenants are living below the main entry or exit of the house, there are safety conditions that a HMO licence holder must comply with.                                 

Licence holders have a duty to make sure that habitable basements have:                                 

• 30 minute fire separation between the basement and ground floor, including the staircase soffit and spandrel
• self closing FD30S doors fitted at the top and bottom of the basement stairs, to ensure that occupiers do not have to escape through a trapped layer of smoke and heat
• walkway that does not pass through a risk room in the basement such as a living room or kitchen
• two FD30S doors in very large occupied basements
• a separate unit to a place of safety at basement level or an escape window

Unoccupied basements and cellars are often used for storage and usually contain gas and electric meters and electrical wiring. As a result fire can spread quickly and attack the underside of the ground floor, causing damage to the escape route at ground floor level.                                 

Unoccupied basements must have:                                 

• 30 minute fire separation between the basement and the ground floor escape route
• self closing FD30S doors fitted at the head of the basement stairs
• interlinked smoke alarms with integral battery backups in the circulation area

Fire blankets and fire extinguishers can be used to restrict the spread of fires in their early stages.                             

Licence holders must:                             

• provide fire blankets in the kitchen of a licensed HMO, wall mounted (approximately 1.5m high) and situated away from a cooking facility so that the blanket can be safely removed from its housing in the event of a fire

In addition it is recommended that:                             

• extinguishers should comply with BS EN 3-7+ A1 and be maintained in accordance with BS 5306-3
• multipurpose extinguishers are provided on each floor in the common parts of HMOs and buildings containing flats

When installing emergency lighting, a licence holder must consider the size and layout of the property, the length, complexity and amount of natural light of an escape route, and the vulnerability of the occupiers of the property.                                 

Emergency lighting should:                                 

• automatically illuminate when there is complete failure of the power supply to the artificial lighting or localised failure within the lighting circuit
• illuminate an escape route to enable people to exit to a place of safety
• highlight any hazards such as stairs and changes in direction
• be designed to comply with BS 5266-1, BS EN 50172 and BS 5266-8
• be mounted approximately two metres above floor level (if they’re fitted lights)
• be routinely inspected and tested

Visual and operational checks of the electrical installation                                 

A routine visual and operational check of the electrical installation is very simple and requires no specialist knowledge. You must do this a minimum of once a year which may be synchronised with tenancy changeover. We will ask you to supply this checklist as evidence of compliance.                                 

An inner room is a sleeping room where the only escape route is through a high risk room such as a kitchen or living room. Inner rooms present a risk to the occupier should a fire start unnoticed in an outer or access room. An inner room situation may be accepted where the inner room is a living room, bathroom, kitchen or WC. Where the inner room is a bedroom, then the following must be considered in order to remove the high risk factor associated with this type of arrangement:                                 

• redesign the property by providing lobbies and corridors so that a traditional route of escape is created within the unit
• where possible remove the structure between the inner and outer room to create one larger room

If these changes have been made and the inner room layout is still unacceptable, the license holder must:                                 

• create an alternative exit from the inner room directly onto the route of escape, or
• install an escape window from the inner room which will allow for rescue by the fire and rescue services, and
• install a FD30S door between the inner and outer room, and
• install AFD in the inner and outer room which should be of the same grade as that in the remainder of the property

If commercial accommodation is located in close proximity to residential uses, a fire in the commercial area can quickly spread into the neighbouring residential use. A risk assessment will determine the level of risk but it is considered high risk where there is accommodation above a pub, hot food takeaway or restaurant.                                 

Licence holders must make sure that in:                                 

• lower risk commercial properties, the fire separation is a minimum of 30 minutes
• higher risk premises, the fire separation is 60 minutes and an AFD will be required

It is a requirement for licence holders to ensure that a carbon monoxide alarm is equipped in any room in the property which is used wholly or partly as living accommodation and contains a fixed combustion appliance. A fixed combustion appliance are those powered by gas, oil, coal, wood etc. This commonly includes gas boilers, oil boilers, log burning stove. Gas cookers are however specifically excluded from the requirement.    

Landlords should follow the individual manufacturer’s instructions when installing the alarms. However, in general, carbon monoxide alarms should be positioned at head height, either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide. Where battery powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.    

The licence condition requires the licence holder to ensure the carbon monoxide alarm is kept in proper working order for the duration of the licence.     

A bathroom and a separate toilet must be provided for every five persons sharing. However different standards apply for individual situations. Please see the table below:                                 

Note                              

Where a separate toilet is provided, the room should contain a wash hand basin with hot and cold running water and an impervious splashback, preferably tiles. The wash hand basin should be properly connected to waste drainage. Where personal washing facilities are available exclusive to a unit of accommodation either within that unit of accommodation or separate but exclusive, the persons having exclusive use of these facilities will be discounted from the calculation for communal amenity requirements.                              

Bathrooms and toilet facilities should:                                 

• be situated in separate rooms of adequate size, design and layout for the intended purpose
• be suitably located, within one floor distance from the intended user
• have no outdoor toilets
• be of a hygienic design and construction, with surface finishes that are durable, easy to clean and maintain
• be heated, lit with artificial lighting as a minimum, and ventilated
• have a wash hand basin with constant hot and cold running water

Fit for purpose                                 

All sinks, baths, showers, wash basins and hand rinse basins should:                                 

• be provided with suitable splashbacks, preferably tiles
• be provided with an adequate supply of hot and cold running water
• connected to waste drainage, capable of safely carrying waste water out of the dwelling and into the mains drainage system
• connected to a proper working flushing cistern, provided with a constant adequate supply of water and they shall be properly connected to a drain capable of safely carrying waste out of the dwelling and into the mains drainage system
• have wash basins of an adequate size for normal personal hygiene purposes, including personal washing, the cleaning of teeth and shaving

Surface finishes should be durable, smooth, easy to clean and maintain, and corners and junctions should be sealed and covered to avoid dirt traps.          

The recommended minimum specifications for washing facilities are as follows:                              

• Baths: minimum 1500mm length and grade thickness 5.0mm acrylic
• Showers: minimum 700 x 700mm and grade thickness 5.0mm acrylic
• Wash hand basins: minimum 495 x 360mm and vitreous ceramic
• Hand rinse basins: minimum 355 x 255mm and vitreous ceramic or stainless steel

Individual electrical installations over amenities should achieve the following minimum requirements:                              

• Baths: eight minute heat up time, 140oF temperature and have a 10 litre capacity
• Showers: eight minute heat up time, 110oF temperature and have a seven litre capacity
• Wash hand basins: instantaneous heat up time, 110oF temperature and have an instantaneous capacity
• Hand rinse basins: instantaneous heat up time, thermostatic control and have an instantaneous capacity

The recommended design criteria for stored hot water systems are as follows:                              

• Storage capacity: 30 litres per person using the facilities supplied
• Temperature: 140oF
• Recovery rate: one to four hours

The design of kitchens in HMO’s should allow for the safe and hygienic preparation and cooking of food. Where kitchen facilities are shared they should be no more than one floor distance from the intended user. If dining/lounge facilities are provided on the same floor, or not more than one floor distance from the kitchen and the user, then this does not apply. Where additional sinks are required, a dish washing machine is acceptable as an additional facility.                                 

Fit for purpose                                 

Kitchen equipment provided must:                                 

• have durable, smooth, easy to clean surface finishes
• have sealed corners and junctions to avoid dirt traps and make sure they are watertight
• have an impervious finish on surfaces immediately adjacent to cookers, sinks and drainers

Individual kitchen requirements for Category A HMOs                                 

Where living accommodation contains kitchen facilities in a separate room for the exclusive use of the individual household they must be adequately sized and at least 5.5m2 and be equipped with:                                 

The size of a shared kitchen should allow for approximately 3m2 per user, and should be equipped with the following facilities:                              

* One per three occupiers’ means that cookers must be provided in the following ratios:                              

• One to three occupiers provide one cooker
• Four to six occupiers provide two cookers
• Seven to nine occupiers provide three cookers

The size of a shared kitchen should allow for approximately 7m2 for up to six persons with 2.5m2 per additional user up to a maximum requirement of 12m2, and should be equipped with the following facilities:                              

* One per six occupiers’ means that cookers must be provided in the following ratios:                              

• One to six occupiers provide one cooker
• Seven to twelve occupiers provide two cookers

A heating system should be appropriate to the design, layout and construction of a property, capable of efficiently heating the whole of a dwelling, of adequate capacity to maintain internal temperatures of 18oC in habitable rooms; bathrooms; halls and passages, when the outside temperature is -1oC.                                 

Any heating system should be safely and properly installed and maintained, fully temperature controllable by the occupiers of an HMO, both within their unit of accommodation and within the communal day spaces and circulation areas. Where space heating is controlled centrally the system should be operated in a manner that ensures that the tenants are not exposed to cold indoor temperatures. In such circumstances the occupiers should be provided with controls to allow them to regulate the temperature within their unit of accommodation.                                 

The systems and appliances listed below are examples of acceptable means of primary heating, which satisfy the requirements of the licence condition relating to space heating. Acceptable means of primary heating include:                                 

• gas, oil or solid fuel-fired central heating that is programmable and that has thermostatically controlled radiator valves and, where appropriate, room thermostats
• warm air central heating with air flow control
• thermostatically controlled fixed electric panels (oil-filled and convector type) on standard tariff, together with appropriate insulation
• slim line electric storage heaters with off-peak tariff, together with appropriate insulation and room-sealed, balanced flue wall-mounted gas heaters
• room sealed balanced flue wall mounted gas heaters

Non acceptable means of primary heating include:                                 

• portable heaters fuelled by paraffin, oil and liquefied petroleum gas (LPG) are not acceptable in any circumstances, whether they are provided by a landlord/licence holder, or an occupier
• radiant gas and electric fires are not suitable for primary space heating, however they can be used to provide supplementary heating

If a primary heating system is installed, or an existing system upgraded, the thermal insulation of a property must also be considered. This includes checking:                                 

• hot water cylinders have an insulated jacket that satisfies the 2.5kw/24hr heat loss requirement of BS 5615
• the thickness of any loft insulation, making sure it meets the recommended thickness of 270mm
• cavity walls are insulated to satisfy BS 8208
• suspended timber ground floors
• external walls and the underside of sloping roof to see if they need insulation

The reference to storeys has now been removed from the definition of licensable HMOs. In effect mandatory licensing now applies to HMOs consisting of any number of storeys if there are five or more persons residing there and the HMO licensing criteria is fulfilled.                                 

A mandatory restriction is now placed on sleeping room sizes. A licence holder must ensure that:                                 

• the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres
• any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation
• where any room in the HMO is used as sleeping accommodation by persons aged over 10 years only
• sleeping accommodation not to be used as such by more than the maximum number of persons aged over 10 years specified in the licence
• where any room in the HMO is used as sleeping accommodation by persons aged under 10 years only, it is not used as such by more than the maximum number of persons aged under 10 years specified in the licence
• where any room in the HMO is used as sleeping accommodation by persons aged over 10 years and under, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence and the maximum number of persons aged under 10 years so specified

The licence holder is required to notify the authority of any rooms within the HMO less than 4.64m2 . Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5 metres is not to be taken into account in determining the floor area of that room for the purposes of this paragraph.                           

The references to mandatory minimum room sizes apply to rooms used only as bedrooms and should not be considered to be an ideal. In practice, rooms of the mandatory minimum can be insufficient to accommodate a double bed along with other items of bedroom furniture. As such they may be unsatisfactory to occupiers who would normally expect to study or reside in their room for longer periods of time than usual.        

Please see the guidance on crowding and space for further information.        

A HMO licence must now include conditions requiring the licence holder to comply with any scheme which is provided by the local housing authority to the licence holder and which relates to the storage and disposal of household waste at the HMO pending collection.        

Landlords need to ensure that licenced properties have suitable and sufficient provision for the storage and collection of waste arising from the household occupying the property, including the correct type and number of waste bins.        

To ensure that all waste collected from the premises complies with the council’s waste policy for the collection of waste from domestic premises.        

Details of the council’s scheme can be found at Check your bin day and Bins and recycling.

In properties of up to two storeys, there is no requirement for a full 30 minute protected route of escape. However the escape route should have sound conventional construction and not pass through risk rooms.                                 

There is no requirement for fire doors but close fitting conventional doors are required. Alternatively suitable escape windows can be provided from bedrooms and living rooms. Where construction standards are poor on the route of escape, travel distances are long or other high risk factors are present, a 30 minute route of escape may be required.                                 

Where there’s a mixture of licensed and non licensed units over a number of floors, there is a requirement for self contained detection in the licensed unit to alert occupiers of a fire incident. There is also a requirement that an interlinked system be provided to all the units of accommodation within the building and the communal route of escape onto which the occupants of both licensed and non-licensed units would access their properties.                                 

There is also a requirement for a protected route of escape which will mean providing fire doors to all the entrance doors of flats opening onto the route of escape.                                 

The conditions covering the hallways, landings and staircases outside of the property will be similar to the Category A standard and will be specified in your licence. The principle of detection throughout the building and on the route of escape will ensure that all occupiers are alerted of a fire incident and not just those within the property.                                 

There will be a small number of cases where the licence holder does not own the building and therefore has no jurisdiction over the general route of escape. You should inform the council if this is the case through the appeals procedure specified on the draft licence.                                 

Both the Prescribed Description Order 2018 and the Mandatory Conditions Regulations 2018 make transitional provision to allow local authorities and landlords time to comply with the new rules and enable the smooth transition to the new regime: Properties currently licensed under Part 2.                                 

The existing licence is valid and its conditions will apply until the date the licence expires, including:                                 

• the extended mandatory licensing conditions will apply from the renewal of the existing licence
• existing licence is passported and has effect as if issued under Part 2. Its current Part 3 conditions will apply until the date the licence expires
• on renewal of the licence the property will now be subject to conditions under Part 2 mandatory licensing
• the extended mandatory licensing conditions will also apply from the renewal of the existing licence. If at the time the licence is renewed and the licence holder is not compliant with a condition related to sleeping room size the local housing authority must provide notification specifying the condition or conditions and a period of up to 18 months within which the licence holder must become compliant