shared house or flat, where the sharers are not members of the same family
bed-and-breakfast hotel that is not just for holidays
shared accommodation for students
Many halls of residence and other types of student accommodation owned by education establishments are not classed as HMOs.
From 1 October 2018, you will need an HMO licence from South Tyneside Council if the property you are renting out is:
Occupied by five or more people, forming two or more households
these people people share amenities such as a kitchen or bathroom
The government have also introduced minimum room sizes for bedrooms and a new mandatory condition which requires the license holder to have appropriate arrangements in place for the storage and disposal of waste.
You will be given reasonable opportunity to apply for a licence before the Council will take formal action.
It is an offence to operate without a licence without reasonable excuse. If you are found guilty, the court can impose an unlimited fine for renting out an unlicensed HMO.
The council can also impose a Civil Penalty fine between £600 and £30,000.
You may also have to repay any rent received during the time the property wasn't licensed back to your tenants, and the Council, if any benefits were paid out on their tenancy
Do I need both a licence and planning permission?
The HMO licensing law protects the health, safety and welfare of the occupants of an HMO. Planning legislation controls the use of the property.
Having an HMO licence does not mean that you do not need planning permission. Likewise, having planning permission to use a property as an HMO does not mean that you do not need an HMO licence.
Before converting a property to an HMO, you should first confirm whether planning permission is needed. Building Regulation approval will always be needed to convert premises into an HMO. Please contact Building Control on 0191 424 7436 or firstname.lastname@example.org as soon as possible to discuss the requirements as they can be quite complex and expensive to comply with.