UK Act of Parliament 2016 c. 22 Northern Ireland

Houses in Multiple Occupation Act (Northern Ireland) 2016

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
Local Authority
Status
In Force
Penalty ceiling
Prosecution 3 of 56 obligations carry a fine up to £10,000. 8 carry different penalties and 45 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person16 Landlord2 Employer1

Plus 37 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Landlord — also bound by 238 other Acts
Housing Act 1985 55 duties
Housing Act 1996 30 duties
Employer — also bound by 701 other Acts
TULRCA 1992 72 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.008 Applications for HMO licence (opens in a new tab) Regulated
  • Apply to the council for an HMO licence as the ownerEmployer
s.010 Fit and proper persons (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must assess fit-and-proper person criteria for HMO owners and managing agentsLocal authority
s.011 Satisfactory management arrangements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must have regard to management competence, fit-and-proper status and funding when deciding HMO licence applicationsLocal authority
s.012 Overprovision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must assess HMO overprovision when deciding licence applicationsLocal authority
s.013 Suitability of living accommodation for multiple occupation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must assess HMO suitability against statutory standardsLocal authority
s.018 Revocation of temporary exemption notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must notify owner and occupants of HMO revocationLocal authority
s.025 Restriction on applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must not consider repeat HMO applications within restricted periodLocal authority
s.026 Joint licence holders (opens in a new tab) Regulated
  • You and your co-owners must jointly meet HMO licence conditionsLandlord
s.030 Unlicensed HMO (opens in a new tab) Prosecution
  • Operate or let an unlicensed HMOAny Person

Fine up to £20,000

s.031 Exceeding licensed occupancy or breach of licence conditions (opens in a new tab) Prosecution
  • Exceed licensed HMO occupancy or breach licence conditionsAny Person

Fine up to £20,000

s.032 Untrue claim that HMO is licensed (opens in a new tab) Prosecution
  • Untrue claim that HMO is licensedAny Person

Fine up to £10,000

s.033 Agents not named in licence (opens in a new tab) Prosecution
  • Appoint or act as managing agent not named on HMO licenceAny Person

Fine up to £10,000

s.036 Revocation of rectification notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must revoke rectification notice on compliance and notify owner and occupantsLocal authority
s.037 Failure to comply with rectification notice (opens in a new tab) Prosecution
  • Fail to comply with rectification noticeAny Person

Fine up to £10,000

s.044 Overcrowding notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must give 7 days' notice before issuing HMO overcrowding noticeLocal authority
s.046 Requirement as to overcrowding generally (opens in a new tab) Regulated
  • Obey the occupancy limits in an HMO overcrowding noticeAny Person
s.047 Requirement not to permit new residents (opens in a new tab) Regulated
  • Do not allow new residents to occupy HMO rooms beyond notice limitsAny Person
s.048 Notice requiring further information (opens in a new tab) Regulated
  • Reply to council information notice with HMO occupancy detailsAny Person
s.049 Information notice: supplementary provisions (opens in a new tab) Prosecution
  • Fail to respond to information notice or give false infoAny Person

Fine up to £500

s.050 Suitability notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must consider minimum standards before deciding HMO suitabilityLocal authority
s.051 Contents of suitability notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must set out maximum occupancy and occupancy requirements in suitability noticeLocal authority
s.052 Occupancy requirements (opens in a new tab) Regulated
  • Don't let your HMO exceed the maximum number of residentsAny Person
s.056 Contents of hazard notice: prohibitions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must specify each prohibition and premises in a hazard noticeLocal authority
s.058 Works requirement (opens in a new tab) Regulated
  • Complete required works to remove HMO hazards by the date in the noticeLandlord
s.059 Approvals as to use of premises (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must not unreasonably withhold approval and must explain refusalsLocal authority
s.060 Offences (opens in a new tab) Prosecution
  • Breach HMO overcrowding, suitability or hazard notice requirementsAny Person

Fine up to £20,000

s.062 HMO register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must keep an HMO register and allow inspection and copiesLocal authority
s.063 Code of practice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Department must consult HMO managers and residents before approving codeCrown / Minister / Government department
s.068 Council's statement of reasons for decisions which may be appealed (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must inform recipients of appeal rights and provide reasons on requestLocal authority
s.075 Failure to provide information or provision of false information (opens in a new tab) Prosecution
  • Fail to provide information or provide false informationAny Person

Fine up to £500

s.077 Court to inform council of convictions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Court must notify relevant council of HMO Act convictionsTribunal / Court
s.080 Powers of entry: supplementary provisions (opens in a new tab) Regulated
  • You must not obstruct council officers lawfully entering your HMO premisesAny Person
s.082 Obstructions etc (opens in a new tab) Prosecution
  • Fail to comply with court order to allow required HMO worksAny Person

Fine up to £1,000

s.085 Guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must have regard to Department guidance on HMO functionsLocal authority
s.086 Regulations and orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Department must consult and seek Assembly approval for certain HMO regulationsCrown / Minister / Government department
s.087 General notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council must give general HMO notices in writing and publish themLocal authority
55 other provisions — procedural and definitional
s.001 Meaning of “house in multiple occupation” (opens in a new tab)
s.002 Definition of living accommodation (opens in a new tab)
s.003 Cases where person is treated as occupying accommodation as only or main residence (opens in a new tab)
s.004 Persons who are members of the same household (opens in a new tab)
s.005 Notice regarding evidence of household (opens in a new tab)
s.006 Notice regarding continuation of occupation (opens in a new tab)
s.007 Requirement for HMOs to be licensed (opens in a new tab)
s.009 Breach of planning control (opens in a new tab)
s.014 Licence conditions (opens in a new tab)
s.015 Temporary exemption notice (opens in a new tab)
s.016 Extension of temporary exemption notice (opens in a new tab)
s.017 Safety and security requirements (opens in a new tab)
s.019 Duration of HMO licence (opens in a new tab)
s.020 Renewal of licence (opens in a new tab)
s.021 Application to renew: effect on existing licence (opens in a new tab)
s.022 Variation of licences (opens in a new tab)
s.023 Revocation of licences (opens in a new tab)
s.024 Variation and revocation: procedure (opens in a new tab)
s.027 Surrender of HMO licence (opens in a new tab)
s.028 Change of ownership: effect on licence (opens in a new tab)
s.029 Death of sole licence holder: effect on licence (opens in a new tab)
s.034 Reasonable excuse (opens in a new tab)
s.035 Power to require rectification of breach of condition (opens in a new tab)
s.038 Revocation orders and disqualification orders (opens in a new tab)
s.039 Revocations and disqualifications: appeals (opens in a new tab)
s.040 Discharge of disqualification orders (opens in a new tab)
s.041 Definition of overcrowding (opens in a new tab)
s.042 The room standard (opens in a new tab)
s.043 The space standard (opens in a new tab)
s.045 Contents of overcrowding notice (opens in a new tab)
s.053 Statement of remedial work (opens in a new tab)
s.054 Definition of hazard (opens in a new tab)
s.055 Hazard notice (opens in a new tab)
s.057 Contents of hazard notices: other matters (opens in a new tab)
s.061 Further provision (opens in a new tab)
s.064 Fixed penalty: service of notice (opens in a new tab)
s.065 Fixed penalty: effect of notice (opens in a new tab)
s.066 Fixed penalty: power to alter amounts (opens in a new tab)
s.067 Appeals (opens in a new tab)
s.069 Powers of court on appeal (opens in a new tab)
s.070 Powers to require information and documents: introductory (opens in a new tab)
s.071 Power to obtain information from persons connected to premises (opens in a new tab)
s.072 Power to require persons connected to premises to produce documents (opens in a new tab)
s.073 Power to obtain information from other persons (opens in a new tab)
s.074 Sharing of information between councils (opens in a new tab)
s.076 Unauthorised disclosure of information obtained under section 73 or 74 (opens in a new tab)
s.078 Powers of entry: without warrant (opens in a new tab)
s.079 Powers of entry: with warrant (opens in a new tab)
s.081 Application by person required to take action where consent withheld (opens in a new tab)
s.083 Effect of moving from accommodation for works to be carried out (opens in a new tab)
s.084 Fees (opens in a new tab)
s.088 Interpretation (opens in a new tab)
s.089 Consequential amendments and repeals (opens in a new tab)
s.090 Commencement (opens in a new tab)
s.091 Short title (opens in a new tab)
Schedules

Schedules

20 of 61 shown
s.sch002 (1) This paragraph applies if the council decides (whether on... Regulated
Other duties (1) — Crown / regulator
  • Council must give 7 days' notice of oral hearing on HMO licenceLocal authority
s.sch002 In determining whether to grant the licence (and in what... Regulated
Other duties (1) — Crown / regulator
  • Council must consider representations before deciding HMO licenceLocal authority
s.sch002 (1) The council must decide whether to grant or refuse... Regulated
Other duties (1) — Crown / regulator
  • Council must decide HMO licence applications within 3 monthsLocal authority
s.sch002 (1) The council must serve notice of its decision on... Regulated
Other duties (1) — Crown / regulator
  • Council must notify HMO applicants of its licensing decision within 7 daysLocal authority
s.sch002 (1) A person commits an offence if— Prosecution
  • Provide false information in HMO licence applicationAny Person

Fine up to £500

s.sch002 (1) The Department must make regulations providing for the giving... Regulated
Other duties (1) — Crown / regulator
  • Department must make rules for notice of HMO licence applicationsCrown / Minister / Government department
s.sch002 The council must send a copy of any application for... Regulated
Other duties (1) — Crown / regulator
  • Council must send HMO licence applications to statutory authoritiesLocal authority
s.sch002 (1) The council must serve on the applicant a notice... Regulated
Other duties (1) — Crown / regulator
  • Council must serve HMO licence refusal notice within 28 daysLocal authority
s.sch002 (1) The council must serve a notice under this paragraph... Regulated
Other duties (1) — Crown / regulator
  • Council must serve HMO licence decision notice on applicant and relevant personsLocal authority
s.sch003 (1) In this paragraph “protected building” means a building— Regulated
Other duties (1) — Crown / regulator
  • Council must consult before issuing works notice on protected HMOLocal authority
s.sch003 (1) Where the council— (a) is authorised by paragraph 5... Regulated
Other duties (1) — Crown / regulator
  • Council must require occupants to move when emergency work endangers themLocal authority
s.sch003 (1) A person commits an offence if the person— Prosecution
  • Knowingly occupy or allow occupation of premises subject to HMO requirementAny Person

Fine up to £1,000

s.sch004 (1) This paragraph applies where the council proposes to vary... Regulated
Other duties (1) — Crown / regulator
  • Council must notify licence holders before varying or revoking an HMO licenceLocal authority
s.sch004 (1) This paragraph applies where the council proposes to refuse... Regulated
Other duties (1) — Crown / regulator
  • Council must serve notice before refusing HMO licence variationLocal authority
s.sch004 (1) This paragraph applies if the council decides (whether on... Regulated
Other duties (1) — Crown / regulator
  • Council must give at least 7 days' notice of oral hearingLocal authority
s.sch004 In determining whether (and in what way) to vary a... Regulated
Other duties (1) — Crown / regulator
  • Council must consider representations before varying or revoking an HMO licenceLocal authority
s.sch004 (1) The council must serve on— (a) the owner, Regulated
Other duties (1) — Crown / regulator
  • Council must serve notice of HMO licence variation/revocation decisions within 7 daysLocal authority
s.sch005 (1) If a council issues a Part 4 notice, the... Regulated
Other duties (1) — Crown / regulator
  • Council must serve Part 4 notice on owner, managing agent and occupantsLocal authority
s.sch005 (1) The council may at any time review a Part... Regulated
Other duties (1) — Crown / regulator
  • Council must review suspended Part 4 notices annually and serve decisionsLocal authority
s.sch005 (1) The council may, or must, revoke a Part 4... Regulated
Other duties (1) — Crown / regulator
  • Council must revoke Part 4 notices when remedial work done or hazard no longer existsLocal authority
41 other schedules
s.sch001 (1) The following paragraphs list buildings which are not houses...
s.sch001 (1) A building where the person managing or having control...
s.sch001 Any building where— (a) the person managing or having control...
s.sch001 Any building whose occupation is regulated otherwise than by or...
s.sch001 (1) Any building— (a) which is occupied solely or principally...
s.sch001 Any building which is occupied principally for the purposes of...
s.sch001 Any building which is owned by the Crown and occupied...
s.sch001 A prison, a young offenders centre, a juvenile justice centre...
s.sch001 Any building which is occupied only by the following persons—...
s.sch002 (1) An application for an HMO licence must be in...
s.sch002 (1) A representation made in response to a notice under...
s.sch002 Paragraphs 6 and 7 apply where the council is not...
s.sch002 (1) This paragraph applies if, after the council has refused...
s.sch002 Paragraphs 9 to 13 apply where the council does not...
s.sch003 This Part of this Schedule applies to—
s.sch003 (1) This paragraph applies if a court of summary jurisdiction...
s.sch003 (1) The council may, in accordance with this paragraph, extend...
s.sch003 This Part of this Schedule applies if the owner of...
s.sch003 (1) The council may carry out any work required by...
s.sch003 (1) Where an occupant has not complied with a requirement...
s.sch003 (1) The council may recover from the owner of the...
s.sch004 A variation or revocation has effect from—
s.sch005 (1) A Part 4 notice becomes operative at the end...
s.sch005 If no appeal is made against a Part 4 notice,...
s.sch005 (1) A Part 4 notice (other than an emergency hazard...
s.sch005 (1) The council may vary a Part 4 notice in...
s.sch006 (1) This paragraph applies for the purposes of section 73(2)(e)....
s.sch006 A “utilities undertaker” means any of the following—
s.sch006 “Institution of further education” has the meaning given by Article...
s.sch006 “Higher education institution” has the meaning given by Article 30...
s.sch006 “Estate agency work” has the meaning given by section 1...
s.sch006 (1) “Lettings agency work” means things done by a person...
s.sch006 “Housing benefit” means housing benefit provided by virtue of a...
s.sch007 In Schedule 11 (matters which must be registered in the...
s.sch007 In Article 20(1B) (rating of owners instead of occupiers in...
s.sch007 (1) In Article 2(2), in the definition of “house in...
s.sch007 In section 1(1), in the definition of “residential accommodation”, in...
s.sch007 In Article 2(2) (general interpretation), at the appropriate place insert—...
s.sch007 (1) In Article 28(1)— (a) in the definition of “house...
s.sch007 In Article 52(1) (interpretation of Part 3), for “Article 75...
s.sch007 In paragraph 2(2) of Schedule 2 (premises not to be...

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument
Meet alarm, electrical and HMO duties as a landlord in Northern Ireland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.