LANDLORDS in Merseyside could be forced to pay back rent to tenants if they are not licensed under new government rules.

Owners of houses in multiple occupation (HMOs) – typically student accommodation or bedsits – could also face prosecution or £30,000 fines for failing to comply with the new legislation.

Currently, HMOs are defined as those that are rented to five or more people not in the same household, are at least three storeys high, and have shared facilities such as a toilet or bathroom.

However, under new legislation coming into effect on October 1, the number of storeys will cease to be relevant.

Once in force, the following properties will be required to have a licence:

  • Properties occupied by five or more people, which make up two or more households, where the occupants share some basic facilities such as a kitchen or bathroom.

  • A household is classed as immediate family members (parent, grandparent, child, grandchild, brother/sister, uncle/aunt, nephew/niece), partners (married, civil partnership or co-habiting), or individuals.

  • Properties with any number of storeys must now be licensed if they fall within the above remit, including properties converted into bedsits, those above commercial buildings such as shops or restaurants, and purpose-built self-contained flats situated in a block comprising of no more than two self-contained flats.

Landlords are advised to apply for a licence now – as those who fail to do so not only face hefty fines, but their tenants could claim back any rent paid during the period the property remains unlicensed.

Cllr Trish Hardy, Sefton Council’s Cabinet Member for Communities and Housing, said: “Previously a Mandatory HMO Licence was only required for those properties that meet this criteria, but were also at least 3 storeys high.

“The storey element has now been removed from the definition, which now means a property that meets the criteria and is one or two storeys, now also requires a mandatory HMO licence.

“We are asking any landlords that are affected by this to please get in touch and apply for a licence.”

Applications can be made by contacting your local council.