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Renting a property without HMO with my brother and friend.
GooseDeer
Posts: 3 Newbie
Hello, A friend, my brother and I are looking to rent a 3/4 property in Bedfordshire / Hertfordshire. the majority of the properties do not have HMO license and the ones that do are too expensive. My question here is that if me and my brother sign everything and pay the rent can the friend live with us without the need for a HMO property.
Is this a way to get around the HMO thing?
Is this a way to get around the HMO thing?
0
Comments
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Ultimately no. If the council has strict HMO licencing then that's that.
However enforcement is varied0 -
Do Bedfordshire and Hertfordhire councils require 3/4 person properties to have HMO licences? There are two types of HMO, those which require a licence and those which don't. The councils' websites will be able to tell you.0
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Would you be living as a single household? If so, then you're just house-sharing, so it wouldn't need to be an HMO.0
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that would make your friend a lodger but still means you have 2 households in residenceMy question here is that if me and my brother sign everything and pay the rent can the friend live with us without the need for a HMO property.
that makes it an HMO for council tax liability purposes and potentially an HMO for licensing purposes, you would need to check the latter with the relevant council0 -
Have you double checked your local council's HMO policy?
Ours is more than 5 people who are not related, living in a house that is more than 2 stories high.0 -
that would make your friend a lodger but still means you have 2 households in residence
that makes it an HMO for council tax liability purposes
The OP and the brother would have the council tax liability so it's that which needs to be looked at in respect of whether it's a council tax HMO or not. In this case it would not be.
A friend can live there without making it a council tax HMO as long as the OP & his brother have the joint liability for the whole property and the friend is not party to this agreement.
CraigI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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