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

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  • Section20z
    replied
    I think the OP was implying that the exemption for council managed properties overruled the licence requirement.

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  • nukecad
    replied
    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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  • Section20z
    replied
    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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  • frzr
    replied
    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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  • leaseholder64
    replied
    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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  • David8395
    replied
    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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  • kennyj52
    replied
    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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  • Thunderfeet_1999
    replied
    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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  • leaseholder64
    replied
    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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  • Thunderfeet_1999
    replied
    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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  • leaseholder64
    replied
    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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  • Thunderfeet_1999
    replied
    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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  • DPT57
    replied
    Originally posted by leaseholder64 View Post
    My guess would be that purpose built flats are built to high fire safety standards and generally have someone responsible for the management who is not normally the rogue landlords of the FMO.
    You mean like Grenfell Tower?

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  • Thunderfeet_1999
    replied
    https://consultation.hackney.gov.uk/...-proposals.pdf


    appendix 4 has the relevant exemptions to the additional licensing scheme.


    "The following types of premises are exempt from the HMO definition and Additional Licensing Scheme:


     Buildings controlled or managed by public sector bodies etc;
     Buildings regulated by other specified Acts; "









    I







    Leave a comment:


  • Thunderfeet_1999
    replied
    Well this is an ex local authority building and the building is managed and under the control of Hackney Council.

    I understand that Hackney is not Tower Hamlets. I was using the Tower Hamlets example to clarify the purpose built, multi occupation flat, with in a block containing 3plus flats. My flat clearly fits this and inline with this the mandatory HMO doesn't apply.

    Now i I need to work out if an additional HMO applies as buildings managed by local authorities are exempt from additional licensing.

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