Is this an HMO (House in Multiple Occupation)?

CIS

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.

The determination of a HMO is made as per legislation, a council has no discretion in the issue.

If all of the occupiers are named on a tenancy and it has been adapted or constructed for multiple occupancy then legislation is quite clear that the property is a HMO - if it hasn't been adapted or constructed for multiple occupancy then the property would likely be let on a standard joint tenancy.

CIS

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

It is for the discounts and exemptions for which the council's have delegated powers however they don't for HMO's.

00ec25

Beetlemama wrote: »

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.

still wrong. I thought your were a LL, but I couldn't understand your use of where judgement comes into it - if, as it appears on re-reading, you work for a council then go and read the legislation

tenancy has NOTHING to do with it, its the number of households not what the tenancy relationship is between each person

a household is defined in law and this definition is without reference to joint or single tenancy status

red40

00ec25 wrote: »

still wrong. I thought your were a LL, but I couldn't understand your use of where judgement comes into it - if, as it appears on re-reading, you work for a council then go and read the legislation

tenancy has NOTHING to do with it, its the number of households not what the tenancy relationship is between each person

a household is defined in law and this definition is without reference to joint or single tenancy status

Correct! :beer:

Just for the benefit of doubt the original question was relating to the Housing Act 2004 legislation, which is the basis of my responses, not Council tax or Building Regulations or Planning Regulations, if you introduce those rules and regs!

Beetlemama

CIS wrote: »

The determination of a HMO is made as per legislation, a council has no discretion in the issue.

If all of the occupiers are named on a tenancy and it has been adapted or constructed for multiple occupancy then legislation is quite clear that the property is a HMO - if it hasn't been adapted or constructed for multiple occupancy then the property would likely be let on a standard joint tenancy.

I'm not taking about an adapted property, just a rented house.

anselld

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.

There is no judgement required; it is a matter of fact.

There are two definitions of HMO ...

For council tax ....
The Council Tax (Liability for Owners) Regulations 1992
http://www.legislation.gov.uk/uksi/1992/551/regulation/2/made

For other purposes ....
Housing Act 2004
http://www.legislation.gov.uk/ukpga/2004/34/section/254

CIS

For council tax ....
The Council Tax (Liability for Owners) Regulations 1992
http://www.legislation.gov.uk/uksi/1...ulation/2/made

Just to add the regs re HMO's were amended in 1993 - http://www.legislation.gov.uk/uksi/1993/151/regulation/2/made