Tenant Couple with 2 Lodgers - Is this a HMO?

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  • doobrey
    replied
    No great expert but I would say that responsibility for this falls (entirely, I would think?) on the landlord.

    It isn't just about licencing, it is also about planning consent. The requirements vary according to location so step one would be to check local authority website. There is probably a page dedicated to HMOs.

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  • Deiseman
    replied
    Do you think its on us to manage/get the license or the landlord?

    Also, do councils ever look for retrospective payment for any years that a HMO was not registered?

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  • doobrey
    replied
    FWIW I also believe it is an HMO. Three households = HMO. There is an exception for an owner and two lodgers, which does not apply here.

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  • Deiseman
    replied
    Thanks for the response. Whose responsibility would it fall under do you think? Ours or the landlord?

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  • Section20z
    replied
    Sounds like an HMO in most jurisdictions, check with your local authority.

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  • Deiseman
    started a topic Tenant Couple with 2 Lodgers - Is this a HMO?

    Tenant Couple with 2 Lodgers - Is this a HMO?

    Hi All,

    I've read through quite a lot of the threads and I think we are safe as we have 2 lodgers with the full consent of the landlord.

    Basically we are a couple who rent out an entire 3-bed house and the landlord has agreed that we can take in lodgers with one monthly price for just us in the house and then £100 for each additional room that we rent out. We will live in the third bedroom and are the official tenants on the AST with the landlord.

    Normally we will rent out both rooms and pay the landlord the full top up amount.

    Am I right in saying that it is not a HMO or that we are not responsible for the HMO because:

    1. We only accept 2 x lodgers in a 3 bed house - so no over-crowding.
    2. The landlord is fully aware of the sub-letting/lodgers and gets a top-up payment for the rooms being rented out.

    One complication may involve the payments, we take a flat fee per month and include the bills in this. Someone previously mentioned that the responsible person is the one that receives two thirds of the rent. If we take the bills out, that would be the landlord but including the money for the bills, that would be us.

    I just want to make sure that we are doing everything right and above board here so any help would be much appreciated.

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