Reporting issues with HMOs
What is an HMO?
A House in Multiple Occupation (HMO) is a property rented out by three or more people who are not from the same household (i.e. not family) and who share facilities such as a kitchen, bathroom, or toilet.
Examples include:
- A house or flat shared by three or more unrelated people
- Bedsits or room-only lets with shared kitchens or bathrooms
- Some buildings converted into self-contained flats that do not meet modern building regulation standards
Do HMOs in Sandwell need a licence?
Yes. From 1 October 2024, all HMOs in Sandwell occupied by three or more people from two or more households must be licensed under Sandwell’s borough-wide Additional Licensing Scheme.
This includes:
- Small HMOs (3 or 4 tenants sharing)
- Larger HMOs (5 or more tenants), which already require a licence under national Mandatory Licensing rules
What does the HMO licence cover?
A licence allows the property to be legally rented out as an HMO and ensures that:
- The property is suitable for the number of occupants
- The landlord is a “fit and proper person”
- Management arrangements are in place
- Any specific conditions set by the council are met (e.g. repairs, safety upgrades)
Licences are typically issued for 1 to 5 years. The council may inspect the property under the Housing Health and Safety Rating System (HHSRS) to identify any risks or hazards.
Failing to meet licence conditions can result in:
- Civil penalties of up to £30,000
- Prosecution and an unlimited fine
- Rent Repayment Orders
- Licence being revoked or refused
What standards should a good HMO meet?
Room sizes
Minimum bedroom sizes:
- One person (over 10 years): at least 6.51 m²
- Two people: at least 10.22 m²
- Children under 10: minimum 4.64 m²
If there is no shared living room, bedrooms may need to be larger to compensate.
Kitchen and cooking facilities
- 3–5 residents: one kitchen with sink and drainer, oven/hob, fridge and freezer, worktop (minimum 1m x 0.6m), and three twin plug sockets
- 6+ residents: additional or larger kitchen space is required
Bathrooms and toilets
- Up to 5 people: one bathroom (with toilet)
- 6–10 people: two bathrooms, or one bathroom and one separate toilet
Facilities must be safe, hygienic, ventilated, and well maintained.
Fire safety
Landlords must:
- Install working smoke alarms and heat detectors
- Provide clear escape routes
- Ensure furnishings are fire-resistant
- Keep alarms and fire equipment in working order
What planning rules apply to HMOs?
Planning permission
- Small HMOs (3 to 6 people): do not currently require planning permission in Sandwell – this is classed as “permitted development”
- Large HMOs (7 or more people): do require planning permission, as they fall into a different planning use class
What is Article 4?
An Article 4 Direction removes permitted development rights in specific areas. This means landlords would have to apply for planning permission even for small HMOs.
Is there an Article 4 Direction in Sandwell?
No. Sandwell does not currently have any Article 4 Directions in place for HMOs. This means landlords can convert properties to small HMOs (3–6 tenants) without needing planning permission — though they must still meet all licensing and safety requirements.
Can residents have a say on new HMOs?
Public consultation and influencing HMO development
If a large HMO (7+ tenants) is proposed, a planning application is required and residents can submit comments during the public consultation.
Comments must focus on valid planning concerns such as:
- Parking or highways safety
- Over-concentration of HMOs
- Noise, amenity, or character of the area
The council considers these points when making planning decisions.
Can residents stop HMOs?
Not usually. Small HMOs (3–6 tenants) don’t require planning permission, so there is no public consultation process. HMO licensing also does not involve neighbour consultation — it's a safety and standards process, not a planning decision.
Why are HMOs important?
HMOs provide essential, affordable housing for people who may not be able to afford self-contained accommodation. This includes:
- Students
- Young professionals
- Key workers
- People on lower incomes
- Individuals facing housing insecurity or homelessness
When well-managed, HMOs are safe, clean, and responsible homes that help meet local housing need. The council uses licensing and enforcement to ensure high standards are maintained.
What can residents report—and to whom?
You can report the following issues to Sandwell Council:
- Unlicensed HMOs
- Unsafe or overcrowded living conditions
- Fire risks or blocked exits
- Poor maintenance or hygiene
- Pests or vermin
- Anti-social behaviour (ASB)
Parking concerns and HMOs
Some residents may feel that HMOs increase parking pressure. However:
- People are legally allowed to own as many taxed and insured vehicles as they like, as long as they are legally parked
- Parking is not something the HMO licence can control — the law does not allow councils to limit how many cars tenants can own
- However, if vehicles are blocking driveways, parked dangerously, or damaging verges, you can report this
Contact:
- Sandwell Parking Control – 0121 569 4330 (Mon–Fri, 9am–4pm)
Parking availability is a broader highways and planning issue, not a breach of HMO licensing conditions.
Cooking smells and odours
Domestic cooking smells are not considered a statutory nuisance. Everyone is entitled to prepare food in their own home, and smells such as curry, fried food, or spices are a normal part of daily life.
However, strong or persistent odours may be investigated if they are:
- Linked to commercial activity (e.g. food delivery or catering from a home)
- Causing significant, ongoing disruption to neighbours’ enjoyment of their property
In those limited cases, the Environmental Protection Team may assess whether a statutory nuisance exists.
Contact:
- Environmental Protection – via www.sandwell.gov.uk/environment
Anti‑Social Behaviour (ASB)
This includes repeated noise, parties, nuisance behaviour, rubbish dumping, intimidation, or misuse of shared areas. Normal everyday noises, such as children playing are not considered a nuisance.
Where the ASB Team is satisfied there is a case, they can raise this with our HMO Licensing team to consider revocation of the HMO license where landlords are deemed to have not complied with their license conditions despite engagement.
Contact:
- Sandwell ASB Team
- Tel: 0121 368 1166 (select ASB option)
- Online: www.sandwell.gov.uk/asb
Overcrowding in HMOs
Overcrowding is a serious housing issue and can be a breach of HMO licence conditions. By law, landlords must not allow more people to live in an HMO than it is licensed for. The number of people allowed depends on room sizes, available facilities, and the layout of the property.
Under the Housing Act 1985 and Housing Act 2004, it is illegal for a landlord to overcrowd a property beyond what is legally permitted. This can lead to poor living conditions, increased fire risk, and strain on shared kitchens and bathrooms.
If you believe an HMO in your area is overcrowded, you can report it to the council. Officers may carry out an inspection and take enforcement action if the property is found to be over-occupied.
To report overcrowding, email:
privatesector_housing@sandwell.gov.uk
Disrepair and Untidy Gardens at HMOs
HMO landlords are legally responsible for keeping both the inside and outside of their properties in good condition. This includes maintaining the structure of the building, fixing leaks, broken windows or damaged fencing, and keeping gardens and outdoor spaces tidy and safe.
If a licensed or suspected HMO has visible signs of neglect — such as overgrown gardens, dumped rubbish, broken guttering, or general disrepair — this could be a breach of licence conditions or housing law. Poor maintenance affects the wider neighbourhood and can attract pests or anti-social behaviour.
You can report these issues to the council’s private housing team for investigation.
Note – if the property is not a HMO, untidy gardens would be handled by our planning enforcement team.