Wash Hand Basins, Toilets and Baths

1
Wash Hand Basins, Toilets and Baths

• Prescribed standards for deciding the suitability
  of an HMO for Licensing

2
What I shall Cover

• Legal context
• The prescribed standards
• Closer look at the substituted requirements for
  wash hand basins, toilets and bathrooms in
  licensable HMOs
• What do the substituted words mean?
• Benchmark standards
• Some influential RPT decisions
• Discussion

3
Legal Context

• Licensable HMOs
• Section 64 (2), 64(3)(a) and 64(4) of the HA
  2004 before granting a licence a local authority
  need to be satisfied that the HMO is reasonably
  suitable or can be made so suitable for
  occupation by the maximum number of persons
  specified in the application or some other
  maximum decided by the authority

4
Legal Context

• Section 65 (1) HA 2004
• The LA cannot be satisfied for the purposes of S
  64(3)(a) that the house is reasonably suitable
  for occupation.if they consider that it fails to
  meet prescribed standards.

5
Legal Context

• Section 67 Licence conditions
• Conditions on a licence may, in particular,
  include (so far as appropriate in the
  circumstances) conditions requiring.
• facilities and equipment to be made available in
  the house for the purposes of meeting prescribed
  standards

6
The Prescribed Standards

• Schedule 3 of The Licensing and Management of
  Houses in Multiple Occupation and other Houses (
  Miscellaneous Provisions) England) Regulations
  2006 (No.373) as amended by The Licensing and
  Management of Houses in Multiple Occupation
  (Additional Provisions) (England) Regulations
  2007 ( No.1903)

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The Prescribed Standards

• Adequate means of space heating in living units
• Adequate numbers of WHBs, toilets and
  bath/showers, where all or some of the units do
  not have exclusive use.
• Suitably located kitchen/food preparation
  facilities where some or all of the units do not
  contain cooking facilities
• Kitchen and washing facilities for units of
  living accommodation where there are no shared
  facilities available.
• Appropriate fire precaution facilities and
  equipment

8
The substituted regulation for washing facilities

• Where all or some of the units of living
  accommodationdo not contain bathing and toilet
  facilities for exclusive use
• a) there must be an adequate number of bathrooms,
  toilets and wash hand basins ( suitable for
  personal washing) and
• b) where reasonably practical there must be a
  wash hand basin in each unit.
• having regard to the age and character of the
  HMO, the size and layout of each unit and
  existing provision for wash-basins, toilets and
  bathrooms.

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The substituted regulation for washing facilities

• Remainder of the regulation still the same.
• Baths, showers and wash basins must be equipped
  with taps.
• All bathrooms and toilets must be heated and
  ventilated
• All bathrooms and toilets must be of an adequate
  size and layout
• All baths, toilets and wash basins must be fit
  for purpose
• All bathrooms and toilets must be suitably
  located.

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What does the new wording mean?

• There is no distinction in law between different
  types of HMO as we know and love them e.g. BB
  HMOs , bedsit HMOs and shared house HMOs.
• The regulation requires us to consider an HMO
  rather than HMOs collectively

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What does the new wording mean?

• In an HMO where there is sharing of facilities
  -
• there must be an adequate number of WHBs, toilets
  and baths/showers for those sharing having
  regard to age and character of HMO, size and
  layout of each unit, and existing provision..
• where reasonably practicable there must be a wash
  hand basin in each unit - having regard to age
  and character of HMO, size and layout of each
  unit, and existing provision..

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What does the new wording mean?

• The words reasonably practicable in this
  context mean that something can fairly and
  sensibly be carried out.
• In order to decide whether it is fair and
  sensible to put wash hand basins in the unit of
  accommodation we must have regard to the age and
  character of the HMO (the building?), the size
  and layout of each unit and existing provision of
  WHBs.

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What does the new wording mean?

• In most shared house/flat type HMOs e.g.
• average size - formerly used as a family dwelling
  with medium sized or small bedrooms
• occupied by a cohesive group
• it may not be fair and sensible to insist on a
  wash basin in each or of the units (bedrooms)
  even if it is practicable, because there are
  sufficient WHBs available elsewhere - or they can
  be provided elsewhere.

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What does the new wording mean?

• On the other hand it could be considered fair
  and sensible (if practicable) to insist on wash
  basins in units of accommodation
• which are more distinct from each other (and may
  even consist of two or more rooms)
• where occupants do not live as a group, and
• where the building more readily lends it self to
  further adaptation.

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What does the new wording mean?

• So in respect of houses and flats which are
  essentially shared and having had regard to
• age and character usually medium and sometimes
  small in size,
• size and layout of the unit usually one room,
• and having decided that the existing shared
  provision is adequate - or can be made adequate,
• it could be argued that the new regulation does
  allow for different treatment in respect of wash
  basin provision.

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Benchmark standards

• We need a starting point when determining what is
  adequate.
• Guideline standards have been revamped
• First four persons -1 wash hand basin
• Five and six persons - 2 wash hand basins
• Seven eight and nine persons - 3 wash basins
• Baths/showers 15 persons
• Toilets 15 persons but separate compartment
  required if 5 or more persons
• CLG confirmed that this approach was reasonable

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Some influential RPT decisions

• Dallas Street Preston MAN/30UK/HML/2007/0001
• Fire doors on bathrooms
• Tribunal concerned about one size fits all
  conditions

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Some influential RPT decisions

• Merton Road Southsea CH1/00MR/HML/2007/0001
• Application for a licence for 9 occupants
• LA applied own space standards and granted
  licence for 7 persons
• Tribunal found that LAs standards can only be
  taken as guidance or aspirations and varied
  licence to 9

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Some influential RPT decisions

• Union Road, Pennsylvania (UK) CH/18UC/HML/2006/00
  01
• Licence granted for 6 occupants
• Condition to provide additional sink or
  dishwasher and a combined grill/microwave in
  place of existing microwave
• LA applying its own standards
• Tribunal determined that statutory provisions
  prevail over LA standards existing microwave OK

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Concluding remarks

• Each licence application must be dealt with on
  its own facts
• The HMO only needs to be reasonably suitable for
  the fixed maximum number of occupants and not
  wonderful.
• Conditions on a licence should be appropriate in
  the circumstances
• Conditions should be necessary and proportionate.
• Tribunals have found that LAs own standards are
  not binding but they may be persuasive.

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Concluding remarks

• Discussion
• Arguments!