X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Legal FAQs

    Renting to 4 brothers and one girl on AST

    Hi

    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.

    Thanks

    1
    0

    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

    Lucky you!

    1
    0

    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

    0
    0

    It is not an HMO - whether this is classed as 1 or 2 groups as an HMO is 3 or more. so its fine Smile

    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.

    0
    0

    I would check that they are actually brothers.Some cultures do appear to have  surnames common to many

    1
    0

    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?

    • I would never belong to a club that would have me as a member.
    • Those are my principles. If you don't like them, I have others.
    • I never forget a face, but in your case, I'll be glad to make an exception.

    0
    0

    Coming soon Investorsk8.com

    Wisdom - 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.

    1
    0
    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.

    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.

    0
    0

    They're doing jt all over the place, it's called selective licencing - need a licence to rent to just one person!

    0
    0

    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.

    Yep God forbid!!

    It would not surprise me in the slightest if SL was rolled out to every council for all areas.

    A very expensive National LL licensing scheme.

    Cant we just have RSE as Wales have!?

    It would be a lot cheaper.

    Perhaps English LL should start campaigning for a the same scheme as Wales have.

    That will spike the guns of all the English Councils!!

    The RSW scheme and conditions are brilliant compared to what the English councils are imposing on LL.

    If you have a cheap RSE scheme the councils will have no justification for all the other stupid money making schemes.

    I think the RSW pricing is very attractive.

    I would have no issue in being RSW compliant in England.

    Don't mind a day's training  course at all!


    0
    0

    I agree with you 1000% and have been saying so for at least the last year.

    I'd go further and say - a national registration scheme would give HMRC data to go after tax evaders - so could generate more revenue than S24

    ....So as a sector we should lobby our respective trade organisations to roll over on a registration scheme - provided it's coupled to repeal of S24.

    Would love to get some data from Wales / Scotland that would help back up this case.....

    0
    0

    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.