1. The standard test
   In summary, the building must consist of living accommodation occupied by people who do not form a single household and who occupy the premises as their only or main home. At least one must be paying rent or providing some other consideration and two or more of the households or individuals sharing the living accommodation must be sharing at least one of the basic amenities.
2. The self-contained flat test
   A self-contained flat can be a HiMO if the relevant requirements of the standard test apply.
3. Converted building test
   This applies only to properties that consist of one of more units of living accommodation created since the building was built, where the relevant requirements of the standard test are also met.
4. A HiMO declaration is in force
   In mixed-use buildings, local authorities can make a HiMO declaration where occupation by people who do not form a single household is a “significant use” of the property.
5. Converted block of flats test
   This applies where buildings, or parts of buildings, have been converted into and consist only of self-contained flats. The buildings are deemed HiMOs if the conversion work does not comply with the relevant buildings standards and if fewer than two thirds of the flats are occupied by people on a lease of more than 21 years.

• provide contact details to each household and display them prominently
• maintain fire equipment and alarms, keep fire escapes clear and, where the HiMO has five or more occupiers, ensure there are clear notices giving the location of fire escapes
• take all reasonable steps to protect the occupiers from injury
• maintain drainage, fixtures and fittings, living accommodation and the supply of water, electricity and gas, including testing fixed electrical installations every five years

Occupiers must not hinder the manager from carrying out his duties and must provide reasonable access when required. They must also take reasonable care not to damage anything that the manager has a duty to maintain, store and dispose of rubbish appropriately and comply with reasonable instructions on fire safety.

Failure to comply with any of the management regulations carries a fine of up to £5,000.

Local authorities have powers to take interim management orders for up to a year in cases where there is a risk to the health or welfare of occupiers. Failure to deal with any risks can result in a final order of up to five years.

HiMOs consisting of three or more storeys and occupied by five or more individuals must be licensed. Failure to obtain a licence or permitting over-occupation of the building is punishable by a fine of up to £20,000. Breaches of licence conditions carry fines of up to £5,000.

Landlords who fail to obtain a licence are also prevented from using section 21 of the Housing Act to recover possession at the end of an assured shorthold tenancy and may be ordered to repay rent.

SMOKING BAN - HOW WILL IT AFFECT EMPLOYERS AND OWNERS/OCCUPIERS OF PUBLIC PLACES (czh)
Laws will come into force next year which will ban smoking in all enclosed public spaces, including pubs, clubs, restaurants and private members clubs. Premises that are a full time place of residence for an extended period, for example dwelling houses, will be exempt from this. This will also extend to rooms in hotels, hostels, and bed and breakfast accommodation if these rooms have been designated for that particular use.

Environmental Heath Officers will have the power to enter all no-smoking premises and dispense fixed penalty fines to people who they believe are committing or have committed an offence. At this stage it is thought that the fixed penalty will be £50. The Officers will also be able to impose fines on those in control of no-smoking premises where they consider that they did not take reasonable action to prevent someone from smoking. If these fines are not paid - an increased fine of up to £2,500 will be imposed and the person in control could face criminal prosecution.

Both those in control of premises and employers will be expected to take all reasonable steps to ensure that staff, customers or visitors to their premises do not smoke. We have prepared a provisional list of procedures which we consider would amount to reasonable steps:

• All ashtrays should be removed from premises
• External studding out bins may also need to be provided at entrances to premises
• No-smoking notices should be displayed in places that are clearly visible to all employees, customers and visitors whilst in the premises
• If a large number of your staff are likely to be affected by the ban you may wish to consider providing an external smoking shelter, although you will not be required to do so
• You should consider developing a smoke-free policy and implementing this