Purpose Built Rental property in Hackney. Hackney don't seem to know the answer!!

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    #16
    Ouch.

    Leaseholder given the above showing the exemption from mandatory HMO as per government guidelines, you sticking firm that you consider it a mandatory HMO?

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      #17
      Originally posted by Thunderfeet_1999 View Post
      Ouch.

      Leaseholder given the above showing the exemption from mandatory HMO as per government guidelines, you sticking firm that you consider it a mandatory HMO?
      No. If you look, I even suggested a reason as to why the exemption applies, which surely hints that I now accept there is an exemption.

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        #18
        What's your take on the additional license query. Given that scedule 14 of the 2004 shows that buildings managed by local authorities have statutory exemption from HMO license would you be inclined to say that given that my flat is in the local authority managed building that my flat is in fact exempt?

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          #19
          I'll pass on what the legislation actually means, but I can see no public policy reason for such an exception, given that the council would have discretion to exclude them in the local rules, if it wanted to. I can see reasons for excluding property that the council actually control. Other social landlords are somewhat different, but legislation tends to assume that they manage well, whether or not that is really true.

          Incidentally, I'm surprised that your lease doesn't restrict the flat to a single family home, making FMO's an academic issue only.

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            #20
            Im not sure why you are suprised by that, but then again I'm not sure of your property history with flats of this nature in this borough. I hazard that it's not much.

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              #21
              thunderfeet_1999 -
              Did you ever get a definitive answer about this from Hackney Council?

              The RLA Housing Act Guide also states with regard to exemptions:-
              Where the person managing or having control of the building is a local housing authority
              https://www.rla.org.uk/landlord/guid...emptions.shtml

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                #22
                I'm having the same problem with Tower hamlets.

                the answer they gave me was that the clause applies to properties rented by local authorities.

                1. Why would local authority rent as HMO?
                2. Why is the info on the website for private landlords?

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                  #23
                  Originally posted by David8395 View Post
                  1. Why would local authority rent as HMO?
                  Because there are certain people who only qualify for housing support to the level of a room in an HMO, so, If the council wants to cover that within the public sector, they will need to operate HMOs.

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                    #24
                    Thunderfeet_1999 did you ever get an answer to this? I am in same situation with additional license. I have a 3 bdrm ex LA flat. it's seems by what's on the council's website that it should be exempt but the council have a "policy" of not permitting HMO of any sort in buildings where the council is the freeholder.

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                      #25
                      There is a licence exemption where the local authority manage the flat, eg if you rent to the council then they do not expect a licence.
                      If you buy an ex council flat it is not exempt, regardless of the LA being the freeholder.
                      I have examples in Hackney, Waltham Forest & Newham

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                        #26
                        Surely the exemption is so that individual self -contained flats in a block don't make the entire block, and/or each flat within, an HMO.

                        Unless of course a flat is an HMO in it's own right.

                        From Leasholders post from Hackney's policy:
                        A house in multiple occupation (HMO) is defined as:
                        • an entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet
                        From your first post:
                        The flat is rented to five sharers.
                        To me the flat itself is clearly a HMO and so needs a licence.
                        (That doesn't make the whole building an HMO, or the other flats HMO's, because the exemptions apply to the building).

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                          #27
                          I think the OP was implying that the exemption for council managed properties overruled the licence requirement.

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