Renting out rooms

G_M

Lodgers so HMO irrelevant.

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 (above) provides definitions of 'Resident Landlord' and 'same property'.

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (General information site)

Landlordzone (General advice on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (Government scheme for tax-free income from lodgers)

bathwiggle

red40 wrote: »

I usually agree with 00ec25, but today I am not

A resident landlord is permitted to have 2 lodgers in occupation without it being a HMO. Schedule 14 states:-

The appropriate national authority (Central Government) made the necessary regulations, these being this Statutory Instrument and the relevant regulation 6(2) which refers to the above schedule 6 (1) (c) of the Housing Act 2004.

HTH

If i've looked at the council website and it states:

The Additional HMO Licensing Scheme comes into force on 1st August 2013 and requires ALL shared privately rented accommodation in the Borough to have a property licence.
The Scheme will be introduced in phases based on risk:
Phase 1 - three or more storey properties housing less than five persons forming two or more households.

That includes me and one lodger is my interpretation?

(i know i know i'll ring them tomorrow)

red40

BitterAndTwisted wrote: »

How can an owner/resident landlord and two lodgers be three separate households? They are not a multiple but solely one.

Unless they are related or fall within the definition of a household under se258 of the Housing Act 2004 they are each a single household, although one that still falls out of the HMO definition.

Guest101

bathwiggle wrote: »

If i've looked at the council website and it states:

The Additional HMO Licensing Scheme comes into force on 1st August 2013 and requires ALL shared privately rented accommodation in the Borough to have a property licence.
The Scheme will be introduced in phases based on risk:
Phase 1 - three or more storey properties housing less than five persons forming two or more households.

That includes me and one lodger is my interpretation?

(i know i know i'll ring them tomorrow)

To me that's for tenancies. Shared privately rented accomodation.

I'm guess you're the owner, and not a renter? Seems abit badly phrased

red40

bathwiggle wrote: »

(i know i know i'll ring them tomorrow)

Most definitely your best option although I suspect they will advise you that it doesn't apply to you since it isn't a HMO, so additional licensing shouldn't apply, but always best to speak direct to the council.

I have just checked other councils for additional licensing and resident landlord and they all say 3 lodgers and resident need to apply, but its the council who will decide not me :rotfl:

Werdnal

bathwiggle wrote: »

.... ALL shared privately rented accommodation ...

I'm far from an expert on HMO regs, but my bolding above is the key to this. Privately rented is a property rented to 3 or more households/unrelated tenants on a tenancy agreement. In OP's case, they are the householder/owner renting out rooms to 2 lodgers, so this is not privately rented accommodation.

However, OP should contact council to check their local regs (and of possible get whatever is advised confirmed in writing for future reference!).

OP, also bear in mind that if your property has a gas supply, you need a GSC annually, plus you may want to check for any clauses in your insurance just to make sure you are covered for lodgers.

00ec25

red40 wrote: »

I usually agree with 00ec25, but today I am not

normally I don't post on HMO if you have already posted as I bow to your superior knowledge but I was too slow typing this time and could not be bothered to delete when i saw you'd posted just before me

you are of course correct

BitterAndTwisted

Glad to hear that I wasn't "fundamentally wrong" after all. *phew*

anselld

BitterAndTwisted wrote: »

Glad to hear that I wasn't "fundamentally wrong" after all. *phew*

The statement was still incorrect ( though not in this case), ie if it had been 3 or more unrelated lodgers it *would* be HMO.

00ec25

BitterAndTwisted wrote: »

Glad to hear that I wasn't "fundamentally wrong" after all. *phew*

you said - can't be HMO if resident LL - yes it can
you said they well be lodgers - very true in terms of legal status but a lodger is a separate household for HMO so their legal status is iimmaterial
you said doesn't matter no of bedrooms or storeys - yes it does, >5 and >3 is a mandatory HMO (I accept that non mandatory HMO has now been clarified with respect to 2 lodgers plus LL)

on that basis 3 of 3 were wrong, albeit the last one was not totally wrong :cool: so agreed its a matter of degree of wrongness