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HMO TENANTS

Responsibilities Specific to HMO Tenants

Government legislation that is applied to ensure a level of quality and the safe operation of HMO properties protects the tenant and both the property and landlord.

Excerpts from Section 10 of The Management of Houses in Multiple Occupation (England) Regulations 2006 are provided here for tenant reference. A complete, downloadable version of the regulation is included on this page.

Duties of occupiers of HMOs

Regulation 10 imposes duties on occupiers of an HMO for the purpose of ensuring that the person managing it can effectively carry out the duties imposed on him by these Regulations.

A person who fails to comply with these Regulations commits an offence under section 234(3) of the Housing Act 2004, punishable on summary conviction with a fine not exceeding level 5 on the standard scale.

Every occupier of the HMO must—

(a) conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties;

(b) allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person;

(c) provide the manager, at his request, with any such information as he may reasonably require for the purpose of carrying out any such duty;

(d) take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations;

(e) store and dispose of litter in accordance with the arrangements made by the manager under regulation 9; and

(f) comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment.

General

11. Nothing in these Regulations shall—

(a) require or authorise anything to be done in connection with the water supply or drainage or the supply of gas or electricity otherwise than in accordance with any enactment; or

(b) oblige the manager to take, in connection with those matters, any action which is the responsibility of a local authority or any other person, other than such action as may be necessary to bring the matter promptly to the attention of the authority or person concerned.

  (2) Any duty imposed by these Regulations to maintain or keep in repair are to be construed as requiring a standard of maintenance or repair that is reasonable in all the circumstances, taking account of the age, character and prospective life of the house and the locality in which it is situated.

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© Crown copyright 2006

General

11. Nothing in these Regulations shall—

(a) require or authorise anything to be done in connection with the water supply or drainage or the supply of gas or electricity otherwise than in accordance with any enactment; or

(b) oblige the manager to take, in connection with those matters, any action which is the responsibility of a local authority or any other person, other than such action as may be necessary to bring the matter promptly to the attention of the authority or person concerned.

  (2) Any duty imposed by these Regulations to maintain or keep in repair are to be construed as requiring a standard of maintenance or repair that is reasonable in all the circumstances, taking account of the age, character and prospective life of the house and the locality in which it is situated.

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© Crown copyright 2006

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