Block of converted flats

[Pergola]

I manage a flat in a Victoria building converted into flats in Camden. There are some shared areas - a foyer and a flight of stairs - and less than two-third of the flats are owner-occupied, so it's seemingly a Section 257 HMO. The block is a share of freehold with the owners of the long leases of the flats being directors in the freehold management company.
When a flat owner rents out their flat, who is required to get an HMO license? Is it the the freehold company, the flat owner or both? Are the "manager's duties", in relation to managing an HMO, incumbent on the flat owner or the freehold company?

[leaseholder64]

I'm not sure of the exact licensing regime for s257, but the freeholder is responsible for compliance.

The flat may require a licence, but that is independent of the s257 status.

Looks like s257 HMOs are only subject to additonal licensing, and the conditions for inclusion may be relaxed compared with the conditions for being a section 257 one.

Remember, you have the responsibilities, even if you don't need a licence.

https://camden.gov.uk/ccm/cms-servic...set_id=3385972

[kennyj52]

I thought it best to re-open this thread rather than start a new one as my situation is the same as Pergola albeit with a different council.

The definition of S257 HMO by my council is the standard one, but it goes on to say: " Such converted buildings only need to be licensed where all flats are under the same ownership or control and the building has more flats than storeys or it contains a mix of commercial and residential uses."

Focusing on the "same ownership or control" aspect, if this statement is applied to the freeholder, i.e. a single entity which is the management company for which the freehold is shared equally amongst the different leaseholders, then it begs the question - can a single building be under the ownership or control by multiple freeholders (and thus exempt from S257 HMO status)? if so, I've not heard of one, therefore t

his statement seems to imply that for the building to be a S257 HMO, all the flats must be owned by the same leaseholder?

[DPT57]

You could call them to check but I would take the latter view myself.