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  • HMO & Multi-Lets

    New HMO regs question

    Hi,

    Do you need to get a HMO license if there are 4 households, but 5 people living in a property? 

    One of my HMO's is a 4 bed, with a lounge and nice big kitchen. However, there is a couple living in the biggest room. So, there are 4 bedrooms, 4 households but 5 people.

    Thanks!

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    Hi yes difinately, if there are more than 2 unrelated individuals

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    HMO licenses are based on the number of people, not rooms. Do you meet the minimum room size rules?

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    The requirement for a License can occur at 2 levels either the National level or a Local level.

    The National mandatory licensing requirement applies if:-

    4.  An HMO is of a prescribed description for the purpose of section 55(2)(a) of the Act if it—

    (a)is occupied by five or more persons;

    (b)is occupied by persons living in two or more separate households; and

    ©meets—

    (i)the standard test under section 254(2) of the Act;

    (ii)the self-contained flat test under section 254(3) of the Act but is not a purpose-built flat situated in a block comprising three or more self-contained flats; or

    (iii)the converted building test under section 254(4) of the Act.

    At a local level i.e Local Authorities may also have introduced additional licensing requirements for HMO's with less occupants in some cases all HMO's i.e those with 3 occupiers forming 2 or more households.


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    Hi ceeme123 I agree with IanP4 I would go onto the local authority's website to look at their HMO requirements.  They can just bring their own rules in to benefit themselves.

    I would suggest not to go into HMO as 1st strategy, unless you are an HMO LL.  Just because it looks lucrative which it can be if you know how to play the game. This can eat you alive(Money and/or fines) with all the regs.

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    Yes you need a licence. The property was an HMO as soon as it got to 2 households so the fact that there is four is not really all that relevant. The total number of people is 5 and that meets the threshold

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.