Loft Conversion/licensing

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    Loft Conversion/licensing

    Hi

    I rented a house 8 years ago with 5 friends through an agency. Within a few days we received notice that the mortgage wasn't being paid and the house was being repossessed. It didn't get repossessed in the end.

    The owners decided to get rid of the agents and we paid the rent directly to them.

    5 of the 6 moved out leaving just me and i found another 4 tenants in 2014 i bought my own home but as the owners live overseas have continued to basically collect the rent pay the bills and forward the rent on

    I have always believed that we are a 2 storey house (ground floor, 1st floor, Loft conversion) but am now thinking its actually a 3 so should have been licensed by the council since day 1. As far as I am concerned its never been licensed.

    I have been in talks with the council regarding mandatory licensing. I have today acquired the licensing pack.

    The 2 questions are

    1 would this be a 3 storey so would have needed licensing from day 1
    2 who needs to get the license me or the owners.

    Thanks in advance
    Last edited by Forge77; 20-09-2018, 05:33 AM. Reason: missed of the bit about repossession

    #2
    It is the person managing the HMO that needs to get the l licence. That is probably you.

    Note that changes of tenants, other than by surrender and re-grant are very difficult to get right.

    It was definitely licensable from the start. In eleven days time, it will fall under mandatory licensing with five people and only one storey.

    Comment


      #3
      Good news

      I have just spoken with the council and luckily enough still have original contract from 2010 that i signed with agent.

      Apparently as i am not being paid and not entered into any agreement i cant be liable.

      Phewww

      They have though asked for owners details so I wait with baited breath..

      Comment


        #4
        Surely you have landlord's name on tenancy agreement?

        Owner you can get for £3 from land registry, 5 minutes
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Well the owners name was on tenancy agreement with the agents details.

          Comment


            #6
            As an aside, if you are collecting the rent and passing it on to a landlord who lives abroad, you may have some issues with HMRC.
            If the landlord should be paying tax in the UK, you're either meant to have permission to pass on the rent or to deduct tax before sending it on and pay it to HMRC twice a year.

            If the tenants pay their rent to you (and pay you for their share of utility bills in your name) the local authority may decide you're the manager of the HMO (even if you're not the landlord).

            Who pays the council tax?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              the rent gets paid into a uk bank account and has done since 2010. I use a uk accountant.

              I pay the council tax out of the money i receive from the rents

              Comment

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