How does HMO work?

charlie792

BitterAndTwisted wrote: »

I believe that it's three or more. Also, I believe that's bedrooms rather than the number of persons.

For a basic guide to whether your property should have a license or not answer the following 3 questions:

Does your property have 3 or more storeys? - Yes
Is the property let to 5 or more unrelated tenants? - No
Do tenants share facilities? - I assume yes?

If the answer to all 3 questions is yes then you may need a license

OP: Nothing illegal for a start as it is only 5 or more, and it only applies to those on the tenancy agreement

http://www.hmo.org.uk/hmo-licensing.html

chrestomanci

Thank you! I guess my biggest worry is that the council will somehow fine my landlady, and I really don't want that to happen. But as long as it's legal, that's fine.

PasturesNew

Getting the number "5" from a commercial site, with out of date information, probably isn't useful.

The trouble with this, like everything the Govt does, is that there's no easy way to find out the answer. Here's an HMO Flowchart from Rugby Council: http://www.rugby.gov.uk/site/scripts/download_info.php?fileID=2354

But every area/council is different. And, the laws were tightened up since April 2010.

And here's another from the Residential Landlords' Association http://www.rla.org.uk/rla.exe/landlord/guides/hmo/property_licence.shtml

chrestomanci

Can't find anything on Dundee Council's webpage. Might try again...

PasturesNew

Dundee: http://www.dundeecity.gov.uk/housing/multipleoccupation/

What is an HMO?
A simple definition of an HMO is a house or flat which is occupied by 3 or more unrelated persons. The term can apply to hostels, including student residences, bedsits and shared flats.

chrestomanci

Ah, thanks! That brings me back to my original question... how exactly are two people 'related'? Some people seem to think my gf and I would be (related by sharing a bedroom), but the website doesn't seem to agree. Hm.

lynzpower

Qwery,

f your GF moves in ,she will join your household NOT be a seperate household, aslong as you are sharing a bed/life/ living as 'man and wife'

She is assumed to be 'related to you' as you are a couple IYSWIM.

chrestomanci

Possibly the most concise explanation I could ask for. ISWYM.

red40

charlie792 wrote: »

I always thought HMO was only applicable for 5 or more?

For licensing it starts at 5 occupiers, 2 households, 3 storey and some sharing of amenities as charlie says, but the definiton of a HMO starts with 2 seperate households, so two unrelated people sharing can be a HMO.

00ec25

lots of partially correct answers!

a single household unit comprises:
- a family (including foster children, children being cared for) and includes current domestic employees,
- a single person
- a co-habiting couple (whether or not of the opposite sex). Marriage is not a requirement of being a couple.

The occupants must be living there as their only or main residence, so a gf or a Monday to Friday lodger with their own place does not count. But note for students it automatically counts as their main home, their parental or vacation home is not their main residence

At least 2 of the households must have to share one or more basic amenity (bathroom, kitchen etc)

There are 2 types of HMO licence systems:

Mandatory licence (ie a licence is automatcially required without exception) where a building is 3 or more storeys with 5 or more occupants living in multiple occupation, ie comprising more than one household. Failure to licence carries a £20,000 fine.

Selective (Non mandatory) licence - where the property is NOT 3 storeys the council has the option to apply their own selective licence scheme. You have to check with your own council for their individual approach and efinition of an HMO, although obviously it has to have at least 2 households in the same property