Does Supported Living need HMO licence?
In the ever-evolving landscape of social care, supported living has emerged as a vital cornerstone in providing independence and dignity to vulnerable individuals. This innovative approach to care combines housing with personalised support services, enabling people with various needs to live as autonomously as possible within their communities. However, as the sector continues to grow, providers and local authorities grapple with an important question: should these arrangements be classified as Houses in Multiple Occupation (HMOs)?
HMOs, traditionally associated with student housing and private rentals, are properties where multiple households share basic amenities. Their regulation ensures safety standards and proper management of shared living spaces. As supported living services expand across the UK, the intersection between these housing regulations and care provision has become increasingly complex, raising important questions about classification, compliance, and the impact on service delivery.
This article delves into the heart of this debate, exploring whether supported living arrangements need to be classified as HMOs, and what this means for providers, residents, and the future of social care housing. By examining the legal framework, practical implications, and real-world experiences, we aim to shed light on this crucial aspect of social care provision.
Understanding Supported Living
Supported living represents a transformative approach to social care that champions independence while ensuring necessary support is always at hand. At its core, it provides individuals with disabilities, mental health needs, or other vulnerabilities the opportunity to live in their own home while receiving tailored support services. Unlike traditional residential care homes, supported living draws a clear distinction between housing provision and care services, offering residents greater control over their living arrangements and support choices.
The landscape of supported living encompasses various models, each designed to meet different needs and circumstances. Supported exempt accommodation, one prominent model, provides housing with support, care, or supervision to individuals who might otherwise struggle to maintain independent tenancies. This can include people with learning disabilities, mental health conditions, or those recovering from substance abuse. Other models range from shared houses with 24-hour support to individual apartments with floating support services, demonstrating the flexibility inherent in the supported living concept.
The legal framework governing supported living reflects its dual nature as both a housing and care service. Care aspects fall under the regulation of the Care Quality Commission (CQC), ensuring that support services meet essential standards of quality and safety. Housing arrangements, meanwhile, must comply with various housing regulations and local authority requirements. This creates a complex regulatory environment where providers must navigate multiple sets of standards and requirements to deliver effective services.
A distinguishing feature of supported living is its emphasis on tenancy rights. Residents typically hold their own tenancy agreements, granting them the same legal rights as any other tenant in the private rental sector. This arrangement promotes dignity and autonomy, allowing individuals to exercise genuine choice and control over their living environment while receiving the support they need to thrive.
What is a House in Multiple Occupation (HMO)?
A House in Multiple Occupation represents a distinct category of housing where three or more tenants form more than one household and share basic amenities such as bathrooms, kitchens, or toilets. This definition, established under the Housing Act 2004, encompasses various living arrangements, from traditional bedsits to shared houses, reflecting the diverse nature of modern housing needs.
Understanding what constitutes an HMO involves navigating specific licensing requirements that vary based on several factors. Mandatory licensing applies to larger HMOs, specifically those housing five or more people from two or more households. However, local authorities may impose additional licensing schemes requiring smaller HMOs to be licensed as well, creating a complex patchwork of regulations across different jurisdictions.
The licensing requirements for HMOs serve multiple purposes. Property owners must demonstrate compliance with safety standards, including fire safety measures, adequate sanitation facilities, and proper maintenance of shared spaces. They must also ensure appropriate room sizes, provide adequate waste disposal facilities, and maintain specified safety certificates. These requirements aim to protect tenants' wellbeing and ensure decent living standards in shared accommodation.
However, certain types of properties receive exemptions from HMO licensing requirements. Buildings managed or controlled by public bodies, registered social landlords, and some educational institutions typically fall outside the scope of mandatory licensing. Of particular relevance to the supported living sector are exemptions related to properties where care is provided. Properties where the primary purpose is to provide care, support, or supervision may qualify for exemption under specific circumstances, though the interpretation of these exemptions can vary between local authorities.
The Intersection of Supported Living and HMO Regulations
The relationship between supported living arrangements and HMO regulations presents a complex landscape where housing law meets social care provision. Care providers must navigate this intersection carefully, as the implications of classification can significantly impact both operational requirements and service delivery.
Legal considerations at this intersection are multifaceted. While supported living properties often meet the basic criteria for HMO classification - multiple occupants from different households sharing facilities - their purpose and operational model can set them apart. The presence of care and support services, regulated by the Care Quality Commission (CQC), adds another layer of oversight that traditional HMOs don't experience.
Local authorities across the UK have developed varying approaches to this classification challenge. Leicester City Council, for example, has established specific property standards for supported living that acknowledge the unique requirements of care provision. Their guidance document outlines distinct requirements for room sizes, adaptations, and facilities that differ from standard HMO specifications while ensuring basic housing standards are maintained. These standards recognise that supported living properties need to accommodate both living space and care delivery areas, with specific attention to accessibility and support needs.
Lewisham Council's approach, as detailed in their Supported Exempt Accommodation documentation, demonstrates how authorities must carefully assess whether properties qualify for exemption from HMO licensing. Their framework evaluates whether the property is managed by a care provider and if sufficient support is being provided to residents. This assessment process highlights the delicate balance between ensuring adequate housing standards and recognising the specialised nature of supported living arrangements.
The Housing LIN network discussions reveal practical challenges faced by providers. Forum discussions document cases where providers face overlapping requirements from both CQC and housing regulations, particularly regarding room sizes and facilities. These discussions highlight how providers must often navigate complex negotiations with multiple regulatory bodies to maintain appropriate standards while meeting their care obligations.
The National Statement of Expectations for Supported Housing provides additional context, outlining how supported housing providers should ensure their accommodation is "safe, good quality, and meets the needs of residents." This guidance emphasises the importance of maintaining appropriate standards while recognising the distinct nature of supported living arrangements.
Real-world implementations of these requirements vary significantly.
The Property Standards Information from Leicester City Council specifies:
- Minimum bedroom sizes that account for care equipment
- Additional requirements for communal spaces to facilitate support delivery
- Specific adaptations needed for different types of care provision
- Enhanced safety measures that complement CQC requirements
Practical Implications for Care Agencies
Care agencies operating in the supported living sector must navigate a complex regulatory landscape while maintaining high-quality service delivery. Understanding and implementing appropriate measures can help providers balance compliance with effective care provision.
Guidance for Providers
According to Leicestershire County Council's property standards guidance, providers should:
- Conduct thorough initial assessments of properties to determine their regulatory status
- Maintain detailed documentation of support provision to demonstrate exemption eligibility
- Implement robust safety measures that satisfy both care and housing requirements
- Establish clear communication channels with local housing authorities
The Coventry City Council framework for supported exempt accommodation emphasises that providers should:
- Maintain comprehensive records of support hours delivered
- Document how support is "more than minimal"
- Demonstrate clear links between housing management and support provision
- Keep detailed evidence of how support impacts residents' well-being
Best Practices
Drawing from the National Statement of Expectations, successful providers typically:
Property Selection and Setup
- Choose properties that can be readily adapted to meet both care and housing standards
- Install safety features that exceed minimum requirements
- Create clear evacuation plans specific to residents' needs
- Design spaces that balance communal living with privacy needs
Documentation and Compliance
- Maintain comprehensive property maintenance records
- Keep detailed support plans linking housing provision to care delivery
- Document regular safety checks and inspections
- Retain evidence of staff training and qualifications
Operational Management
As outlined in the Housing LIN discussions, effective providers:
- Develop clear policies for managing shared spaces
- Implement robust risk assessment procedures
- Maintain regular dialogue with local authorities
- Create clear escalation procedures for property-related issues
Quality Assurance
The Supported Living Gateway recommends:
- Regular internal audits of property standards
- Periodic reviews of support provision
- Feedback mechanisms for residents
- Continuous staff training on both care and housing requirements
Conclusion
The relationship between supported living arrangements and HMO classification represents a critical intersection of housing regulation and social care provision. Through our examination of various local authority approaches and regulatory frameworks, it becomes clear that this is not a simple matter of either/or classification, but rather a nuanced landscape requiring careful consideration of multiple factors.
The evidence from local authorities such as Leicester and Lewisham demonstrates how different approaches to regulation can achieve similar goals of ensuring resident safety and service quality. Their experiences suggest that the key to effective oversight lies not necessarily in strict HMO classification, but in developing regulatory frameworks that recognise the unique nature of supported living while maintaining robust safety and quality standards.
The National Statement of Expectations provides a valuable framework for moving forward, emphasising that supported housing must be:
- Safe and well-maintained
- Appropriate for its intended residents
- Delivered by capable and committed providers
- Focused on achieving positive outcomes for residents
Looking ahead, several key recommendations emerge:
For Policy Makers:
- Consider developing specific regulatory frameworks for supported living that incorporate relevant HMO standards without requiring full HMO classification
- Create clear guidance on exemption criteria and their application
- Establish mechanisms for reducing regulatory overlap
For Providers:
- Maintain high property standards regardless of classification status
- Document support provision comprehensively
- Engage proactively with local authorities on regulatory matters
- Focus on outcomes-based service delivery
For Local Authorities:
- Develop clear, consistent approaches to supported living regulation
- Consider flexible approaches that recognise the unique nature of care provision
- Maintain open dialogue with providers and service users
The future of supported living regulation will likely require a balanced approach that ensures safety and quality while preserving the flexibility and person-centred focus that makes supported living effective. As the sector continues to evolve, the focus should remain on achieving positive outcomes for residents while maintaining appropriate oversight of both housing and care provision.
by Gradle Gardner Martin www.ElevateCareInsights.com
References
www.horsham.gov.uk/environmental-health/houses-in-multiple-occupation-hmos/do-i-need-a-hmo-licence
www.housinglin.org.uk/Discuss/General-Housing-Topics/Supported-Living-and-HMO-advice/770/
www.coventry.gov.uk/housing-1/supported-exempt-accommodation/6
www.property118.com/supported-living-in-hmo-advice-please/