Definition of HMO

muhandis

My council requires that HMOs be licensed and I'm confused as to whether my rental counts as one or not. When I emailed the council licensing team my specific circumstances they replied with the following definition and said this is what I need to go by -

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A building is now defined as a House in Multiple Occupation (HMO) if all of the following apply:
- It is occupied as living accommodation
- by at least 3 people who belong to more than one family or household
- in accommodation that is not self-contained and
- rent is paid by at least one of the occupiers and
- it is the occupiers’ only or main residence.

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I rent out a 3 bedroom terraced house as a whole, to 2 couples, on one single tenancy contract. Going by the above, it looks like it meets most of the conditions of an HMO. The only one I am not sure of is the one in bold. Could anyone tell me what that means please?

Thanks,

K

G_M

Do each couple live in self contained accommodation, or do they share?


I suspect they share their accommodation with the other couple (household) so do not have self-contained accommodation, so the HMO definition is met.

antrobus

muhandis wrote: »

...
The only one I am not sure of is the one in bold. Could anyone tell me what that means please?

Self-containment is where all the rooms (including kitchen, bathroom and toilet) in a household’s accommodation are behind a single door which only that household can use.

https://www.gov.uk/guidance/definitions-of-general-housing-terms

If there is only one kitchen and/or one bathroom in the property that is shared between the two couples it ain't self contained.

Nick_C

[STRIKE]I think the key point is how you have rented out the property.

If you are renting to the couples separately - with two tenancy agreements - then it is an HMO.

If you have rented out the house to people who happen to be two couples who were looking for shared accommodation, and have rented the house from you under a single tenancy agreement, then it is a single household and not an HMO.[/STRIKE]

elsien

If they have facilities such as a shared bathroom, kitchen or living space then the accommodation is not self-contained.

Nick_C

joshuajac wrote: »

That would still be an HMO I "believe" because the definition is 3 or more unrelated persons sharing a house. Couples are treated as individuals for this definition I think.

I think the only exemption is if it's an actual family as in married couple and kids making more than 3 persons. The definitions are only becoming more and more important to sort out because not having an HMO license when one is needed is now a criminal offence and the fines for getting it wrong are only increasing.

Yes. I think you are right.

I had assumed that four friends renting accommodation together under a single tenancy agreement would form one household, but that seems not to be the case.

https://www.gov.uk/private-renting/houses-in-multiple-occupation provides useful guidance.

A household is either a single person or members of the same family who live together.

Also S258 of the Housing Act 2004 states:-

2)Persons are to be regarded as not forming a single household unless!!!8212;
(a)they are all members of the same family, or
(b)their circumstances are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.

I'm not aware of any regulations under clause b that change the definition.

EDIT -

This link confirms it is an HMO

http://www.lawpack.co.uk/landlord-and-tenancy/managing-your-tenancy/articles/article6978.asp

(Rhetorical question - why can't Council's just give clearer guidance?!)

G_M

joshuajac wrote: »

Do you know anything about the new rules that are coming effect GM by any chance?

No.


:silenced:

muhandis

Thank you all for your help, it's been very informative!

muhandis

Quick update - finally managed to speak to someone in the Council PRS team who gave me a patient hearing and useful advice!

Turns out it is an HMO for licensing purposes but thankfully since less than 5 people, it falls under the additional licensing regime as opposed to the mandatory licensing regime.

Fortunately, the application form for the additional license is fairly straightforward and the license conditions are much less onerous so hopefully should not be too much of a problem.

Comms69

joshuajac wrote: »

That would still be an HMO I "believe" because the definition is 3 or more unrelated persons sharing a house. Couples are treated as individuals for this definition I think.

I think the only exemption is if it's an actual family as in married couple and kids making more than 3 persons. The definitions are only becoming more and more important to sort out because not having an HMO license when one is needed is now a criminal offence and the fines for getting it wrong are only increasing.

No. That's a load of nonsense.


Couples are considered a single household. (married or otherwise)

Comms69

joshuajac wrote: »

Oh contrare! Not nonsense at all I say. I think you'll find that for the purposes of HMO's and in the context of this thread a couple are treated as individuals. - That is not what you said: for the record: "I think the only exemption is if it's an actual family as in married couple and kids making more than 3 persons." Couple's are treated as one household regardless of marriage. If you see this definition and then you read the OP's question you'll see what I mean. - then write it more clearly. Please let the record show I take no pleasure in showing that Comms69 is wrong! - you haven't... I require no admission of wrongness at all. I am merely helping Comms69 help himself acquire a greater depth of knowledge - You'd need to catch up first

The key point here is: "Forming more than one household". I think I'm correct but I could be wrong. I would appreciate your thoughts - Forming more than one household is the key bit, which is why a couple would form one household, two couple would form two households....

Houses in multiple occupation
Your home is a house in multiple occupation (HMO) if both of the following apply:

at least 3 tenants live there, forming more than 1 household
you share toilet, bathroom or kitchen facilities with other tenants

Try again (do some research first)


https://nationalhmonetwork.com/what-is-an-hmo/what-is-a-household/


I believe the term is 'mic drop'