Tenant or Lodger

zagubov

We need to be careful here as different councils may have different definitions of what they consider should be HMOs, which might have some bearing on this.

donaldfleming

CIS wrote: »

Not as far as council tax legislation is concerned - the property will be a council tax HMO for which the landlord remains liable for the council tax charge (The landlord has no choice in the matter).

Thank you for your input CIS and00ec25.

On doing some further research on the Shelter Scotland website, it states the following:

‘An HMO is a property that is shared by three or more tenants who aren't members of the same family/household (if you are living as a couple you are one household).’

Source:

https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/houses_in_multiple_occupation_hmos

Given that the flat will have only two occupants, it would appear that it would not be classed as an HMO.

I would consider it most obliging if you could let me have your source for the flat being classed an HMO.

With respect to who is liable for Council Tax, the fact that the landlord is going to be resident one night a week might muddy the water, somewhat. I would be interested in your thoughts on this point.

00ec25

donaldfleming wrote: »

I would consider it most obliging if you could let me have your source for the flat being classed an HMO.

With respect to who is liable for Council Tax, the fact that the landlord is going to be resident one night a week might muddy the water, somewhat. I would be interested in your thoughts on this point.

simple, you have failed to understand that council tax law and housing law are not the same law, and have different definitions of HMO.

you are quoting housing law

this is council tax law
http://www.legislation.gov.uk/uksi/1992/551/made
you can look up your Scottish stuff yourself, the principle is the same as you are not yet totally independent

read:
http://direct2barrister.co.uk/2017/08/02/council-tax-liability-houses-multiple-occupation/

https://www.landlordlawblog.co.uk/2010/10/27/hmos-and-council-tax/

https://www.anthonygold.co.uk/latest/blog/i-landlord-house-multiple-occupation-i-liable-pay-council-tax/

https://www.landlordsguild.com/joint-and-several-hmo/