Houses in Multiple Occupation: Planning Consent

Samantha Dixon Excerpts

Tuesday 4th November 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Samantha Dixon)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I congratulate my hon. Friend the Member for Mansfield (Steve Yemm) on securing today’s debate. I appreciate his speaking about this important issue with force and passion on behalf of those he represents. I thank all hon. Members for their contributions to the debate.

I acknowledge the concerns that my hon. Friend raises on behalf of the residents of Mansfield about the concentration of houses in multiple occupation in some parts of his constituency. As he mentioned, houses in multiple occupation provide relatively low-cost accommodation for rent and can play an important part in the housing market, as hon. Members from both sides of the House acknowledged. However, it is right that local authorities should be able to take action where necessary to minimise any negative impacts that concentrations of such accommodation might have on local areas.

As we have heard, national permitted development rights allow existing homes to change use to a house in multiple occupation for up to six people without the need for a planning application. Such smaller HMOs are also able to change to a standard family home under similar rights, but we acknowledge that those nationally set permitted development rights are not necessarily suitable in all areas. Therefore, local authorities can remove permitted development rights in a specific area by introducing an article 4 direction after consultation with the local community and an assessment of the local evidence that such a direction is required.

The introduction of an article 4 direction would mean that any change of use to large or small houses in multiple occupation would require an application to the local planning authority for planning permission. All applications for planning permission are considered by the local planning authority, in line with the development plan for the area and in consultation with the local community. A clear policy for HMOs can support the assessment of future applications. Indeed, when I served as a ward councillor on Cheshire West and Chester council, we took through an article 4 direction relatively smoothly and with the support of the local community, and it is still in force in that area.

Whether or not Mansfield district council chooses to consult on introducing an article 4 direction to remove the permitted development right that enables existing homes to change use to a smaller HMO will be a decision for the council to take locally. It is not something the Government should seek to influence. Having experienced it myself, I can say that the process is not costly or burdensome. Approximately 75 other councils have put in place article 4s for HMOs in parts of their boroughs. I urge my hon. Friend the Member for Mansfield to continue to discuss this issue with the council if he believes that such a direction would be appropriate.

None the less, if the existing powers are not working—we have heard evidence of that today from hon. Members on both sides of the House—we want to engage and find out why. It is important that HMOs are managed well, which is why all HMOs are subject to management regulations. Those regulations set out duties for managers to take safety measures, maintain the supply of gas, electricity and water, and maintain common parts and living accommodation.

In addition, all local authorities are required to license HMOs with five or more people from two or more separate households who share facilities such as a kitchen or bathroom. Through additional licensing, local authorities also have the power to license HMOs with three or more people from two or more separate households who share facilities. That means that most HMOs can be licensed, providing local authorities with the means to address concerns around how they are being managed.

I note that Mansfield district council recently introduced selective licensing in designated areas, and since 12 June this year landlords have been able to apply. I hope that that begins to improve the issues that we have heard about today. Local authorities have strong powers where landlords breach HMO regulations. These include powers to prosecute, to impose penalties of up to £30,000 as an alternative to prosecution, and to seek banning orders for the worst offenders.

I once again thank my hon. Friend the Member for Mansfield for a useful and constructive debate. I hope that I have set out the measures that we have in place to enable local authorities to control HMOs in their areas, and that I have made it clear that the Government are keen to engage to see how the existing powers are being exercised and how they can be improved.