How to be a landlord?

prudryden

mrbadexample wrote: »

So, something I haven't been able to find out thus far:

How is the maximum permitted occupancy calculated please?

Thanks,
MBE

If you have 3 or more unrelated tenants in the same property, you may be designated by your council as an HMO. It's not an unsurmountable situation, but it is a bit more of a hassle and becomes somewhat more expensive to satisy certain regulations which you may not have had otherwise e.g. electrically wired in smoke alarms rather than battery operated.
Not sure if this was what your question was referring to.

theartfullodger

mrbadexample wrote: »

..

How is the maximum permitted occupancy calculated please?
.....

Four answers (I'll have forgotten something):

a) Wot it says in the tenancy agreement. Usually says "tenants Mr & Mrs T".. and maybe note "permitted occupiers" (eg Little Johnny T and the cat Fluffy). There's also usually a clause stating no lodgers, occupiers etc without LL's written agreement which will not unreasonably etc etc..
eg my most recently granted tenancy states..

The Tenant agrees not to:
i. assign this tenancy to any other person; or
ii. sublet the accommodation in whole or in part; or
iii. take in lodgers or paying guests; or
iv. allow other persons to share the occupation of the premises, whether or not for payment, without the prior written consent of the Landlord.
v. It is agreed that Miss Axxxx Xxxxxxxx will be the only additional permitted occupant.

b) HMO Issues. A HMO is a property with more than two unrelated families in occupation (summary, more complex than that). In Engerland - IIRC - you only need a HMO licence for 5 or more unrelated, 3 or more storeys.. (Google for more info..) In Scotland all HMOs require licenses, max fine for bad landlords in such circs, just went up to £50k- so 3 unrelated plumbers from Paisley renting a bungalow requires the full HMO stuff. HMMOs require certain steps to be taken - fire prevention, closing doors etc etc etc.. Running an unlicensed HMO when license required is defo a bad idea...
c) Statutory overcrowding regulations: Murky area but there are laws and regs, good summary here..
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/home_safety/overcrowding
d) HHSRS stuff covers it a bit - eg

B PSYCHOLOGICAL REQUIREMENTS
Space, Security, Light and Noise
---
Crowding and space

Shelter website an excellent source of great quality info and help for LLs & Tenants. A wonderful charity who need more donations!!

Cheers!!

Artful

mrbadexample

Thanks all.

theartfullodger wrote: »

c) Statutory overcrowding regulations: Murky area but there are laws and regs, good summary here..

Murky's about right! Some of it refers to rooms, some to floor space. I have to say, I have no idea what the floor areas measure.

As for rooms, which rooms count? Bedrooms presumably, kitchen and bathroom presumably not. Lounge?

There isn't going to be any issue with overcrowding (and it's not HMO), but the reason I ask is because the rent book has a section reading: "The 'permitted number' for the dwelling to which this rent book relates is________".

So what do I put? :huh:

theartfullodger

mrbadexample wrote: »

Thanks all.



Murky's about right! Some of it refers to rooms, some to floor space. I have to say, I have no idea what the floor areas measure.

............

You bought a property & don't know what size the rooms are???


:rotfl::rotfl::rotfl::rotfl::rotfl:

prudryden

Out of curiosity, wouldn't it be better for the tenant to set up a monthly DD? Then you don't require a rent book. Or did I miss something as usual?

BitterAndTwisted

mrbadexample wrote: »

So what do I put? :huh:

You put there the number of tenants on the agreement. So, if it's Mr and Mrs T the number will be two.

theartfullodger

prudryden wrote: »

Out of curiosity, wouldn't it be better for the tenant to set up a monthly DD? Then you don't require a rent book. Or did I miss something as usual?

Yes & no: If the tenancy says "rent payable weekly" just because rent is paid monthly does not do away with legal reqt for a rent book.

In OP's shoes I'd offer T a new AST, monthly, reduction in rent (saving having to go round weekly/monthly) with rent paid by SO and thus ensuring all paperwork is clean & sorted and in new LL's names, and sort any other issues out also...

mrbadexample

BitterAndTwisted wrote: »

You put there the number of tenants on the agreement. So, if it's Mr and Mrs T the number will be two.

There are two tenants on the contract, but their son (18+) lives there too. So I can't really put two on the rent book, can I? What if the son's girlfriend moved in too? I wouldn't have any issue with that, of course - I just want to get the 'maximum permitted' number right.

If I put 100, it can't be overcrowded, right? :rotfl:

I suppose that raises another issue - the contract is written for two tenants - should their son be included in the agreement, even though I don't take any direct rental payment from him?

mrbadexample

theartfullodger wrote: »

Yes & no: If the tenancy says "rent payable weekly" just because rent is paid monthly does not do away with legal reqt for a rent book.

In OP's shoes I'd offer T a new AST, monthly, reduction in rent (saving having to go round weekly/monthly) with rent paid by SO and thus ensuring all paperwork is clean & sorted and in new LL's names, and sort any other issues out also...

It's paid weekly by SO, so no need for me to visit each week. As far as I can see I just have to sign the rent book every three months? I don't especially want to reduce the rent! :eek:

Oh, and the tenant likes paying weekly. So if he's happy that way I have no issue with it.

mrbadexample

theartfullodger wrote: »

You bought a property & don't know what size the rooms are???


:rotfl::rotfl::rotfl::rotfl::rotfl:

Off the top of my head, no idea. I expect we've got it somewhere in all the paperwork, which is round my mate's house.