[2023] UKUT 306 (LC)

The legal regime that regulates houses in multiple occupation (“HMOs”) is contained in the Housing Act 2004. Certain houses are defined as HMOs – typically those where a number of unrelated individuals share facilities such as a bathroom and kitchen, but also for example where a house has been converted into self-contained flats without complying with building regulations. Some but not all HMOs have to be licensed; those that require a licence are specified in the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018.

Section 72 of the Housing Act 2004 says this:

“(1)

A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1) but is not so licensed.”

Section 263 of the 2004 Act defines a person “having control of”, or “managing” an HMO, and we shall have to look in detail at what it says. It suffices for introductory purposes to note that if A owns a house and lets it to people who occupy it in circumstances where the statutory definition of an HMO is met and who pay a market rent to A, A will be the person having control of and the person managing that HMO.

However, paragraphs 1 and 2(1) of Schedule 14 to the 2004 Act provide:

“1 (1) The following paragraphs list buildings which are not houses in multiple occupation for any purposes of this Act other than those of Part 1.”

…

2 Buildings controlled or managed by public sector bodies etc

(1)

A building where the person managing or having control of it is–

…

(f)

a health service body within the meaning of section 9 of the National Health Service Act 2006.

So in the simple case described in paragraph 5, if A is a health service body within the meaning of section 9 of the National Health Service Act 2006 then the house is not an HMO for any purposes under the Housing Act 2004 (except those of Part 1 which relates to housing conditions). Therefore no HMO licence is required if it is let and managed by that freeholder.

The present case is not so simple.