Is my landord legal?

Paley71

Yes, they come and go...different faces on any given day, in fact at times there's probably been more than nine residing there.
When I suggested to the man at the council that by HMO standards they were overcrowded he said he wasn't using HMO guidelines but the rules set out by Shelter meant that up to nine people was not considered overcrowding!
The worst bit is the third bedroom is off the second.
They worked on the assumption that they could allow two people per lounge, dining and two double bedrooms and one in the single box room.
I could understand if it was a hostel of some kind but just to allow it so some unscrupulous landlord can make a killing is beyond me.

TJ27

There's the explanation. If the house is not their only/main residence, then it's not a HMO.

I can't remember the rules on overcrowding off the top of my head.

tbs624

clutton wrote: »

...there are two types of HMO - depending on the number of storeys in the property............Some HMOs are licensable - some are not

Some *may* not be licensable, depending on the Council - mandatory obviously applies nationally , but some councils will also apply selective and/or additional licensing within their areas, and the different types of HMO licensing also take into account the number of non-single-household occupants there are, not merely the number of storeys in the property.

tbs624

TJ27 wrote: »

There's the explanation. If the house is not their only/main residence, then it's not a HMO.

I can't remember the rules on overcrowding off the top of my head.

See The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006

"Persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act

5.(1) A person is to be treated as occupying a building or part of a building as his only or main residence for the purposes of section 254 of the Act if he is—

(a) a migrant worker or a seasonal worker—

(i) whose occupation of the building or part is made partly in consideration of his
employment within the United Kingdom, whether or not other charges are payable in respect of that occupation; and
(ii) where the building or part is provided by, or on behalf of, his employer or an agent or employee of his employer;"

(In these Regulations “the Act” means the Housing Act 2004.)



See here for Shelter's guide to the definition of overcrowding

tbs624

clutton wrote: »

""""Gecko mentions that the property is subject to a "normal mortgage" so unless the LL has the necessary "consent to let" his insurance cover is likely to be invalidated anyway.""

i think this is one of those "urban myths" that go around

whenever i fill in an application form for insurance for my portfolio, and i change insurers to get best value, i have never been asked "do you have consent to let from your Lender"

i cannot see that "consent" is important to insurers if they do not ask about it ......

thus how could a claim be invalidated if this information is not asked for in the fist place ?

From one of ARLA's Infosheets:

"Consent. It is essential that you advise and obtain consent to let your property from your mortgage lender, existing insurer and head lessee (for leasehold properties). Failure to obtain written consent from these parties may render your insurance void in the event of a claim. Sadly there have been many instances where buildings claims have been totally rejected because the insurer and or mortgage lender was not advised the property was let."

You can find similar information via insurance companies and insurance brokers, so probably not an "urban myth"

clutton_2

""Sadly there have been many instances where buildings claims have been totally rejected because the insurer and or mortgage lender was not advised the property was let.""


find me one example then ........