Is this an HMO (House in Multiple Occupation)?

MarkBargain

abankerbutnotafatcat wrote: »

It is how the LA interpret the legislation that matters as it's them that administer it. If inner London LAs applied the wider definition I.e. which applied to house-sharers, administering HMOs would take up all their time! So check with the LA. Wandsworth's classification does not encompass the flat I rent out to three friends (regardless of tenancy).

Thanks. My local council said that I would need to install mains powered smoke alarms, a mains powered heat detector, a powder-based fire extinguisher and a few other requirements...plus they will then want to do an inspection!

The Shelter website talks about checking batteries in smoke detectors, so I thought £10 battery ones would do...mains powered will cost loads to install I expect!

It's probably easiest to turn away potential tenants who would make it an HMO, or to charge higher rent for them.

MarkBargain

Just to clarify, I understand that an unmarried couple living with one of the partner's fathers is not an HMO. If anyone disagrees, please let me know!

Kynthia

A HMO for council tax purposes isn't necessarily a licensable HMO requiring smoke alarms and safety checks.

Beetlemama

An hmo has more than one tenancy, or in some cases no tenancies at all, the landlord just keys them come and go on a room by room basis. We use our judgement.

00ec25

Beetlemama wrote: »

An hmo has more than one tenancy, or in some cases no tenancies at all, the landlord just keys them come and go on a room by room basis. We use our judgement.

would you please re-write that in English rather than gibberish

as stated above, the determination of HMO status has NOTHING to do with tenancy status

Beetlemama

00ec25 wrote: »

would you please re-write that in English rather than gibberish

as stated above, the determination of HMO status has NOTHING to do with tenancy status

Keys rather than lets - I'm going to assume you didn't mean your reply to sound as bloody rude as it does. We base our judgement on a number of factors including tenancy agreement, four people in a house with separate tenancies make a HMO, four people on the same tenancy makes a single household. Landlords often issue new joint tenancies when a new tenant moves in to a shared house, provided they're all on the tenancy agreement we make them all liable for council tax. If the landlord has no tenancies and lets them move in and out, its HMO.

GwylimT

I don't know if HMO is different for students by my partner rents out a house to students and if there are four or more people renting the property who are not related a HMO is needed.

CIS

four people on the same tenancy makes a single household

Unless of course the property has been constructed or adapted for multiple occupancy in which it's automatically a HMO as per the council tax (liability for owners) regs 1992, as amended.

red40

Beetlemama wrote: »

four people on the same tenancy makes a single household.

Only if they are related as defined in section 258 of the Housing Act 2004.

If they are four unrelated friends on a joint tenancy they are four persons in four households thats what the legislation states. Of course I am always open to other suggestions if it backed up by legislation.

To many landlords continually fall into the trap of putting unrelated people on joint tenancies. Be it joint or any kind of tenancy this has nothing to do what constitutes a HMO. Its down to persons and households only.

Beetlemama

CIS wrote: »

Unless of course the property has been constructed or adapted for multiple occupancy in which it's automatically a HMO as per the council tax (liability for owners) regs 1992, as amended.

But since we only usually see those from registered landlords with registered hmo properties, they don't usually have questions.

As far as the single tenancy/multiple occs -the decisions are made by the individual councils, whatever it should be, one tenancy in our area makes a house in all the names on that tenancy agreement, making them the liable parties for council tax.

We also don't allow any class c or a or unfurnished/unocc discount any more. What ever area you're in is relevant.