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  • HMO & Multi-Lets

    4 tenants and 4 rooms? Is this an HMO?

    Hi,

    Am I right in saying if I have a 4 bedroom house that I can rent to 4 individual tenants without having to obtain a HMO licence? So article 4 wouldn’t come into effect?

    Is this correct or am I missing something?

    Appreciate your help.
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    You have to check with your council for that area, you have to have firedoors fitted
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    No you are not right. This is an HMO and if there is an article 4 direction then that will probably be an issue here as article 4 directions usually restrict all HMOs, not just licensable ones. It may or may not need licensing but that will depend on the local authority
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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.

    Exactly. Article 4 applies anyway. But you may not need a licence.
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    5 or more is licensable
    4  is still a hmo just not licenseable.
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    So it would be risky renting to 4 tenants in 4 room in an area that is not yet article 4 right? just in case that it becomes article 4 in the future?

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    When I say article 4 in this post, I am talking about an article 4 which is restricting change of planning use to C4. There are other types of article 4.

    If there is no article 4 in force then C3->C4 and C4->C3 are permitted developments.

    If you want more than 6 people in your HMO then it is Sui Generis planning use not C4. Article 4 will not affect this.

    If you have an HMO with 6 people or less (C4) when the article 4 comes into force then you stay an HMO. Keep records to show this.

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    So it would be risky renting to 4 tenants in 4 room in an area that is not yet article 4 right? just in case that it becomes article 4 in the future?

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    If it does become article 4 in future, it won't be backdated. So if anything it will increase the value of your (and all other) existing HMOs in the area now hit with Article 4.

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    HMO (even 4 bedroom) is highly regulated, there are many rules and it is very labour intensive. You have to know all about rules and regulations otherwise you may end up in high water.  

    Go onto the council site and find out if there is selective licensing or additional licensing in that area and what you need to do.  

    Do you know anyone who has an HMO?  Are you already a landlord?  Many many things to consider.

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    As others have stated, even a non-licensable HMO is subject to fire, escape route, and management regulations:

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