HMO Tenancy

jgos96

Hi,

I have a question regarding the contract etc regarding the house i'm currently renting. There are 5 people living in this house, all unrelated. The contract states that it is being let as a HMO but we were told when signing the contract we are a single entity, rather than being viewed as 5 independent tenants and thus a HMO is not required.

I have looked on the register for my council and the house is not on the register as a HMO, even though the contract states it is being let as one, and the estate agents / landlord only began with the HMO required installations (fire alarms, fire doors etc) around 10 months into the contract, I'm just wondering if there is anything wrong with the contract, and I've read online that rent can be given back to the tenants if the property does not meet the standards of a HMO.

Thanks

Housebuy12345

Are you renting singular rooms or the house?

jgos96

We're renting the whole property, it's a five bedroom house

Housebuy12345

It’s not a hmo.

jgos96

Surely it requires a hmo licence as it is five unrelated people sharing facilities such as bathrooms and kitchen?

Housebuy12345

Yes sorry I misread.

But give us more info, what county do you live in?

Housebuy12345

Doesn’t mean it needs a licence*

anselld

A house occupied by five unrelated people is an HMO for management and licensing purposes and needs a Mandatory HMO License.

This cannot in any way be overridden by contract.

There is a separate HMO definition for Council Tax purposes only. Five sharers on a joint and several contract is not an HMO for Council Tax purposes but that makes no difference to the licensing and management requirements.

Suggest you check with the Licensing team at the Council and see if an application has been made.

theartfullodger

It's a HMO. You might be entitled to all your rent back.

Contact council HMO team to discuss.

The O in HMO stands for occupants, not tenancies.

Comms69

Housebuy12345 wrote: »

Doesn’t mean it needs a licence*

It does, and has for the last 7 and a bit months...

System

00ec25 wrote: »

not if they are classed as one household
just because they are unrelated to each other does not make them 5 households if the property was let to them as a single group

i agree however that a contract which states it is an HMO is an HMO... which clearly means the wrong contract document has been used if they were "told" they are a single household

so, on paper, they live in an HMO. how much ammunition that gives OP to cause trouble over whatever is actually vexing them remains to be seen

I think you will find that in this instance it is an HMO and a licence is required


The official definition of an HMO is


A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’.
If you want to rent out your property as a house in multiple occupation in England or Wales you must contact your council to check if you need a licence.
You must have a licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:

• it is rented to 5 or more people who form more than 1 household
• some or all tenants share toilet, bathroom or kitchen facilities
• at least 1 tenant pays rent (or their employer pays it for them)