Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

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References

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1. http://www.merton.gov.uk/foi

 Dear Eric Ore,

 

Subject: HMO’s (House in Multiple Occupancy) within London Borough of
Merton.

 

Freedom of Information Act 2000 request

 

We have now considered your information request as set out below.

 

You Asked:

 

I would like to make a FOI regarding HMO’s (House in Multiple Occupancy)
within London Borough of Merton.

 

1.         I would like to know the minimum number of tenants for a
household to qualify for registration under HMO regulations within the
Borough of Merton as the information on your public website. is unclear.

 

2.         Please clarify the difference between a Mandatory HMO License
and an Additional HMO License?

 

3.         Please supply the following Information in an excel spreadsheet
for the latest information held to include:

a)         addresses of all Registered Residential HMO properties that are
within

your council's area

b)         the number of bedrooms that each property referred to in (a)
currently

has

c)         the names/addresses of the owners/licence holders of those
properties

referred to in (a)

d)         any other details of the property that may be relevant

 

4.         How many landlords have been prosecuted by Merton Borough
Council for non-compliance of HMO regulations from 2022 to present.  What
were the outcomes of the prosecutions?

 

 

Our Response

1.                   I would like to know the minimum number of tenants
for a household to qualify for registration under HMO regulations within
the Borough of Merton as the information on your public website is
unclear.

 

An HMO is a building, or part of a building such as a flat, where one of
the following applies:

• it is occupied by 3 or more people from more than one household and
shares – or lacks – an amenity, such as a bathroom, toilet or cooking
facilities.
• it is occupied by more than one household and is a converted building
– but not entirely self-contained flats (whether some amenities are
shared or lacking)
• it has been converted into self-contained flats and does not meet the
requirements of the 1991 Building Regulations, and at least one third
of the flats are occupied under short tenancies.
• It can only be classed as an HMO if it is occupied by people as their
only or main residence. This includes occupation:

• as a refuge for people escaping domestic violence
• by students during term time
• for other purposes prescribed by the government.

 

   A mandatory HMO licence is required if you own and rent out a property
anywhere in Merton if:

• it is a [1]house in multiple occupation (HMO)
• 5 or more people live there, forming more than one household.
• it is not a purpose built, self-contained flat in a block of 3 or more
self-contained flats
• it is not in the list of exemptions outlined in the regulations

 

An additional HMO licence is required if you own and rent out a property
in Merton if:

• it is a house in multiple occupation (HMO)
• 3 or 4 people live there (but not 5 or more), forming more than one
household
• it is in one of these wards: Colliers Wood, Cricket Green, Figge’s
Marsh, Graveney, Lavender Fields, Longthornton or Pollards Hill (find
out which ward your property is in)
• it is not in the list of exemptions outlined in the regulations.

2.         Please clarify the difference between a Mandatory HMO License
and an Additional HMO License?

            Please refer to the answer to Question 1 above.

3.            Please supply the following Information in an excel
spreadsheet for the latest information held to include:

a)         addresses of all Registered Residential HMO properties that are
within

your council's area

b)         the number of bedrooms that each property referred to in (a)
currently

has

c)         the names/addresses of the owners/licence holders of those
properties

referred to in (a)

d)         any other details of the property that may be relevant

 

Please find attached a copy of the HMO Register which covers the fields
which you have requested above in (a) to (d).

 

4.         How many landlords have been prosecuted by Merton Borough
Council for non-compliance of HMO regulations from 2022 to present.  What
were the outcomes of the prosecutions?

           

            One managing agent has been prosecuted since 2022. The outcome
was that the Agent was found guilty of two offences and was ordered to pay
a fine  of £1,937

 

If you have any other queries or concerns about this, please contact me.

 

If you are dissatisfied with the handling of your request or wish to
appeal against the decision to exempt any part of your request, you should
request an Internal Review at [2][Merton Borough Council request email] or write in to Freedom
of Information team, Merton Council, Civic Centre, Morden, SM4 5DX.

 

If you escalate to the Information Commissioners Office (ICO) without
following the council’s internal review process, the ICO will refer you
back to the council to enable the correct process to be followed.

 

You can also appeal to the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.  Telephone:  0303 123 1113.  Website: [3]www.ico.org.uk

 

There is no charge for making an appeal.

 

Regards

 

Mrs Bhamini Patel

Interim Housing Enforcement Manager

Community and Housing

Merton Civic Centre

London Road,

Morden, SM4 5DX

 

Contact number: 020 8545 3413

Email address: [4][email address]

[5]www.merton.gov.uk

 

 

 

 

 

 

 

 

IMPORTANT - PERSONAL

IMPORTANT - PERSONAL

══════════════════════════════════════════════════════════════════════════

Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Unauthorised
use (for example disclosure, storage or copying) is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return email. Any views or opinions expressed in email are
solely those of the author and do not necessarily represent those of
Merton Council. Merton Council reserves the right to monitor, record and
retain any incoming and outgoing emails for security reasons and for
monitoring internal compliance with the Merton Council policy on staff
use. Email monitoring and/or blocking software may be used and email
content may be read. Merton Council may be required to disclose this email
(or any response to it) under the Freedom of Information Act 2000 unless
the information in it is covered by one of the exemptions in the Act. The
message may contain information that is confidential or sensitive; you
should handle it accordingly.
Please view the council's privacy notice at
https://www.merton.gov.uk/legal/privacy-...
--------------------------------------------------------------------------------------------------------------

References

Visible links
1. What are HMOs and households?
https://www.merton.gov.uk/council-tax-be...
2. mailto:[Merton Borough Council request email]
3. http://www.ico.org.uk/
4. mailto:[email address]
5. http://www.merton.gov.uk/

Apologies
Document attached.
Regards

Mrs Bhamini Patel
Interim Housing Enforcement Manager
Community and Housing
Merton Civic Centre
London Road,
Morden, SM4 5DX

Contact number: 020 8545 3413
Email address: [email address]
www.merton.gov.uk

IMPORTANT - PERSONAL

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