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I have been approached by potential tenants, they are 4 brothers and 1 female who is partner of one of them.
My question is, will it class as hmo or 1 family? And will you name all of them on agreement or just 2 of them.
Well done if you take these tenants on you will avoid the new HMO mandatory licensing
These tenants are one household
No need to licence
Sounds like HMO to me
1 bro and GF = 1 household
3 bros = another household
All under 1 roof sharing kitchen/bathroom
All should be named as Tenants and jointly&severally liable for all rent/bills
It is not an HMO - whether this is classed as 1 or 2 groups as an HMO is 3 or more. so its fine
re the Tenancy agreement it depends on how you and they agree to structure it - we have a house with a 2 yr AST - 2 couples (so not an HMO) and all 4 names are on the AST. The rent is paid by the lead Tenant as is all the bills and he then collects the money from the other couple - easiest result for us.
I would check that they are actually brothers.Some cultures do appear to have surnames common to many
My thoughts exactly,
four brothers - might be quadruplets or two sets of twins.
The Four Marx Brothers (Chico, Harpo, Groucho, Zeppo), could there be a fifth?
Not having a Plan. If you Fail to Plan, You're Planning to Fail.
wisdom involves an integration of knowledge, experience, and deep understanding that incorporates tolerance for the uncertainties of life as well as its ups and downs.
It is not an HMO, they are all one household. The brothers are all related and the woman is in a co-habitation relationship with one brother. For a household to exist there simply needs to be a chain of relationships between the persons and there is here.
Also contrary to other advice if they were not one household (so the girl was merely a friend rather than a girlfriend) it would be an HMO. 2 groups or households can certainly be an HMO. The threshold being referred to by TCC is 3 people, not 3 households. So 2 couples will be an HMO (sorry TCC you need to look at this one urgently).
I would put them all on the tenancy agreement. First because if you dont you will run into issues with council tax liability. Second because it makes them all liable for the rent.
If any council attempts to licence any situation where there are 3 or more people it will be the most widely ignored legislation ever
I for one would NEVER comply
I simply do not intend to pay a fee for letting to more than 3 people but less than 5
Simply ain't gonna happen no matter what the law is.
Councils need to wake up to this.
They will not receive vast numbers of licensing fees
Practically every property near me has 3 or more occupiers of unrelated persons.
There is simply no way all the LL round here will be licencing their mostly 2 bed flats.
Plus they have no way of finding out whether 3 unrelated persons are unrelated.
Councils should forget all this other stupid licensing and just concentrate on enforcing existing and soon to be new HMO legislation
Only a fool would license a purpose built property if it had 3 unrelated occupiers.
If the property is in an Article 4 area and it currently has C4 use as an HMO then you need to be careful. The fact the 5 occupants are 1 household will break the C4 use which you will lose forever if you rent to them.
We had a similar situation where a brother , sister & cousin wanted to rent a 3 bed house in an Article 4 area. I checked with the local Council and they confirmed a tenancy to 3 related people would break the chain for C4 use. In the end the Cousin decided not to come over to the UK and we rented to a non relative which meant 2 households.
If you are not in an Article 4 area then ignore this post as it is not relevant.