Young Adults Renting Premium Property

red40

Angelicdevil wrote: »

I'm afraid this is not correct in this instance. The OP has been given the correct information for B&H in previous posts.

Could you expand further on what is incorrect please, I would be interested to know for future reference

Angelicdevil

red40 wrote: »

Could you expand further on what is incorrect please, I would be interested to know for future reference

Full details here:

http://www.brighton-hove.gov.uk/content/housing/general-housing/hmo-licensing

Excerpt:

1. City-wide National Licensing


The Housing Act 2004 requires landlords of HMOs to apply for licences. The HMOs that need to be licensed are as follows:

• three or more storeys, which are
• occupied by five or more people forming two or more households (ie people not related, living together as a couple, etc), and
• which have an element of shared facilities (eg kitchen, bathroom, etc)

As far as licensing is concerned, attics and basements are included as storeys if they are used as part of the living accommodation.
Landlords or their agents need to apply to the council's Private Sector Housing team for an HMO Licence. Licences are issued for a period of up to five years and a new licence has to be applied for when they expire. Licences are not transferable and a new application is necessary if a property changes hands.
Applications must be accompanied by the appropriate fee, as decided by the council's Housing Cabinet Member meeting on 5 January 2011. See below for details of how to apply.
Unless ultimately, after inspection, a licence is refused, landlords will be operating legally once a valid application has been received by the council, even if we have not yet granted a licence. The Housing Act includes a formal appeal process for people who are unhappy with the council's decisions on granting a licence or the conditions attached to it. Appeals can be made to the Residential Property Tribunal at their regional office, which is Chichester.
If you think your property may need to be licensed or have any questions, please ring Private Sector Housing on (01273) 293156 or email us on [EMAIL="psh@brighton-hove.gov.uk"]psh@brighton-hove.gov.uk[/EMAIL].


HTH

red40

OK thanks Angelicdevil, that tells me about HMO licensing which I agree with. But my post specifically tells the OP that even if a HMO licence isn't required they can still form a HMO with his friends.

The relevant legislation is sec254 to 257 of the Housing Act 2004 which defines what a HMO is, and Schedule 14 of the aforementioned Act states what isn't a HMO, Sch 14 says a any building which is occupied by 2 persons who form two households isn't a HMO, therefore anything above that is a HMO by definition of sec 254 to 257. Additionally any HMO that falls into Part 2 of the above Act will require a licence.

Its a very common mistake many landlords, agents and tenants make in thinking that if a licence isnt required I havent got a HMO, which of course isnt correct.

Martinsurrey was the only poster that got anywhere near their facts correct and since they where talking specifically about licensing there was no requirement for me to correct that post, but everybody else was way off the mark.

Angelicdevil

red40 wrote: »

OK thanks Angelicdevil, that tells me about HMO licensing which I agree with. But my post specifically tells the OP that even if a HMO licence isn't required they can still form a HMO with his friends.

The relevant legislation is sec254 to 257 of the Housing Act 2004 which defines what a HMO is, and Schedule 14 of the aforementioned Act states what isn't a HMO, Sch 14 says a any building which is occupied by 2 persons who form two households isn't a HMO, therefore anything above that is a HMO by definition of sec 254 to 257. Additionally any HMO that falls into Part 2 of the above Act will require a licence.

Its a very common mistake many landlords, agents and tenants make in thinking that if a licence isnt required I havent got a HMO, which of course isnt correct.

Martinsurrey was the only poster that got anywhere near their facts correct and since they where talking specifically about licensing there was no requirement for me to correct that post, but everybody else was way off the mark.

I see your point! I think most people assume that when one is talking about HMO's they mean the licenced version, not literally a house of multiple occupancy in it's simplest form

thelem

red40 wrote: »

Its a very common mistake many landlords, agents and tenants make in thinking that if a licence isnt required I havent got a HMO, which of course isnt correct.

If a licence isn't required, why would anyone be bothered if a house is an HMO (your definion) or not?

In posts on this forum HMO is generally taken to mean a property requiring an HMO licence, and by that definition most of the posts above are accurate.

jacobtheamish

thelem wrote: »

If a licenced isn't required, why would anyone be bothered if a house is an HMO (your definion) or not?

In posts on this forum HMO is generally taken to mean a property requiring an HMO licence, and by that definition most of the posts above are accurate.

If the property is mortaged on BTL then you may fnd that HMO is strictly forbidden in the lenders criterea.

red40

thelem wrote: »

If a licenced isn't required, why would anyone be bothered if a house is an HMO (your definion) or not?

In posts on this forum HMO is generally taken to mean a property requiring an HMO licence, and by that definition most of the posts above are accurate.

Its not my definition its the Housing Act 2004 definition and additional statutory Instruments. Its these that ensure any HMO is kept in good order, good repair, safe and free from hazards, obviously if they aren't a manager or landlord can be heavily penalised.