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HMOs
sophlowe45
Posts: 1,559 Forumite
Can someone on here help?
Why would a flat i rent with 4 others not be a HMO? It was an joint tenancy agreement, does it have to be an individual tenancy agreement for it to be an HMO?
This is the extract the council emailed back to me but i don't understand it...
CLASS C - HOUSES IN MULTIPLE OCCUPATION
This class applies to any dwelling which was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household (Regulation 2 S.I.1992/551 substituted by Regulation 2 Council Tax (Liability for Owners) (Amendment) Regulations 1993 S.I.1993/151) or (Regulation 2 S.I.1992/551 amended by Regulation 2 Council Tax) Liability for Owners and Additional Provisions for Discount Disregards) (Amendment) Regulations 1995/620) which is inhabited by a person who, or by 2 or more persons each of whom, either:-
Is a tenant of, or has a licence to occupy, part only of the dwelling; or
Has a licence to occupy but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee is respect of the dwelling as a whole.
The liability of the owner in this class of dwelling only arises where the conditions relating to the right to occupy part of the dwelling are present (Regulation 2A S.I.1992/551 inserted by Regulation 2 S.I.1993/151). In any other instance, the hierarchy of liability will identify the person liable for Council Tax.
Why would a flat i rent with 4 others not be a HMO? It was an joint tenancy agreement, does it have to be an individual tenancy agreement for it to be an HMO?
This is the extract the council emailed back to me but i don't understand it...
CLASS C - HOUSES IN MULTIPLE OCCUPATION
This class applies to any dwelling which was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household (Regulation 2 S.I.1992/551 substituted by Regulation 2 Council Tax (Liability for Owners) (Amendment) Regulations 1993 S.I.1993/151) or (Regulation 2 S.I.1992/551 amended by Regulation 2 Council Tax) Liability for Owners and Additional Provisions for Discount Disregards) (Amendment) Regulations 1995/620) which is inhabited by a person who, or by 2 or more persons each of whom, either:-
Is a tenant of, or has a licence to occupy, part only of the dwelling; or
Has a licence to occupy but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee is respect of the dwelling as a whole.
The liability of the owner in this class of dwelling only arises where the conditions relating to the right to occupy part of the dwelling are present (Regulation 2A S.I.1992/551 inserted by Regulation 2 S.I.1993/151). In any other instance, the hierarchy of liability will identify the person liable for Council Tax.
0
Comments
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you plus 4 other people (5 in total) would be an HMO. However, it might not be a licensable one - generally an HMO becomes licensable if there are 5 or more unrelated people living together in a place that has 3 or more floors (including the habitable basement or loft). some councils have extended the licensing rules to include other properties, in certain areas, not only those of 3 or more floors.
does that help?0 -
I think so, there was 5 of us in total but the flat is spread out over only 1 floor, therefore we are not an HMO....
Is that right? Why does the below extract not refer to the 3 floor rule...
"the hierarchy of liability will identify the person liable for Council Tax" - What does that mean?
Thanks!0 -
Who is your council ??sophlowe45 wrote: »I think so, there was 5 of us in total but the flat is spread out over only 1 floor, therefore we are not an HMO....
Is that right? Why does the below extract not refer to the 3 floor rule...
"the hierarchy of liability will identify the person liable for Council Tax" - What does that mean?
Your council website should have information & leaflets about "Who is liable".
peter9990
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