HMO or not?

fluffpot

Hi all

Not sure if this completely the right place to post but I think that some of the landlords might be able to help me out

I've been asked to do some work on a customers house which is rented out to young professionals. It has 5 bedrooms (and at least 6 tenants) and is 3 storeys so as I understand it, this makes it an HMO - and thus I should install a more comprehensive fire/smoke alarm system.
However, the landlord says that it's not HMO and just wants me to fit 1 smoke alarm (mains).

At the end of the day I can just walk away from the job if I don't feel comfortable doing it but I'd like to know who is right

Are there any 'get out' clauses to HMO? Your thoughts would be most helpful.

Many thanks

oldestgnome

Your thoughts are correct.

Any property occupied by 5 or more people over 3 or more storeys requires a mandatory HMO Licence. Additionally the tenants would have to be from 2 or more households (not related) and share at least one facility (eg bathroom/kitchen) which it sounds like from the details you have given.

It's a legal requirement under the Housing Act 2004 part 2:

http://www.legislation.gov.uk/ukpga/2004/34/part/2

The landlord could potentially be fined £20,000 for failing to licence!

As for the smoke alarms - this is not legally set in stone. Most Councils have their own local policy as to what they expect (probably detailed on their website). In my area an interlinked LD2 Grade A system with SD in each bedroom/hallway and HD in the kitchen/communal rooms with a panel is required for this type of property.

As for whether you carry out the work, thats up to you!

HTH

ruggedtoast

You could maybe do the work but write on the receipt that the set up is insuffucient for an HMO.

Fire_Fox

Please contact the council and let them know about this unlicensed HMO, the rules are in place to keep tenants safe.

fluffpot

thanks very much for replies - and suggestion about signing off work

V_Chic_Chick

Anything with 5+ tenants and/or 3+ storeys must be licenced as an HMO. Whether or not the landlord has done this is a separate matter.

I would let the council know. There are very good reasons why HMOs are regulated, and it's likely he's not got an HMO licence because he wouldn't want it inspected as it would fail. Ultimately, if there was a major fire (possibly involving serious injuries and / or death) then the subsequent investigation would show up insufficient fire alarms. I wouldn't like to be you when the landlord conveniently can't find the receipt with "not suitable for an HMO" written on it.

And then there's the guilt - I'm not sure I'd be able to cope with knowing that someone died because I installed a substandard system and didn't tell the council about an unlicenced HMO.

oldestgnome

Fire_Fox wrote: »

Please contact the council and let them know about this unlicensed HMO, the rules are in place to keep tenants safe.

Please do this too - you can do it anonymously by telephone or usually Councils have an online form you can complete... sounds like the landlord is not taking his/her responsibility to their tenants safety very seriously (I am not tarring all LLs with the same brush!

fluffpot

Thanks again. I think I should not do this work. My slight problem is that as I have now flagged with him my view that I think it is an HMO then if I dob him in then he'll know who did it. And he's a bit of a shady character....(alarm bells should have rung maybe when I met him)

Should the tenants not be questioning him about this?

Fire_Fox

The tenants may well not know about HMO licenses and legislation .... unless you tell them. Maybe wait a few weeks and then report him? He's bound to get someone else in to do the alarm and anyway he can't possibly tell whether it was you or a tenant or a visitor who reported him.

dimbo61

If its 3 storey and HMO it should have self closing fire doors and full fire panel smoke alarm ( mains wired and interlinked )
Fire blanket, extinguisher on every floor and in kitchen, fire exit route and LL should do fire safety assessment with tenants

V_Chic_Chick

fluffpot wrote: »

Should the tenants not be questioning him about this?

People in HMOs tend to be young, often students, and not aware of their rights and the obligations of the landlord.

Alternatively, they are aware, but either (a) the LL told them he had had it licenced, or (b) they realise, but liked the house too much, or are too scared of being evicted to do anything about it, or (c) think it doesn't matter.