2 couples (related) and a baby - HMO?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    2 couples (related) and a baby - HMO?

    Hello all,

    I have a question regarding prospective tenants for our rental property (3-bed house). They are 2 couples and a baby:

    One person of couple1 is a cousin of a member of couple2;
    The other person of couple1 is not a relative of the other member of couple2;
    Couple1: unmarried couple but they have been a cohabiting couple for at least 2 years;
    Couple2: married couple and a baby.

    Would this be an HMO?

    I have searched the internet but saw mixed answers. From this https://forums.landlordzone.co.uk/fo...tenancy-or-hmo, it seems they are still considered to be 1 household?

    Thanks in advance!

    #2
    My understanding based on your descriptions does not place the property as an HMO as these are 2 families, others however may hold a different view

    Comment


      #3
      My reading of the regulations (s.258 housing act 2004) is that it is not a single household - because the partners of the two cousins are not related to each other.

      Comment


        #4
        This will not be an HMO as long as the cohabitees are genuinely a couple.

        Comment


          #5
          You never want to find yourself in a situation where the actions of a tenant can create an HMO without your knowledge, because the consequences can be serious for a landlord (and have no impact on a tenant).

          So if one of the cousins moves out, the remaining three would create an HMO.

          So you'd probably have to set the property up as an HMO anyway, just to be safe.

          And if they ever introduce a lodger, it would be a licensable HMO
          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


            #6
            Thanks very much everyone! So I got 3 nos and 1 yes to HMO. And I can understand the risk of creating an HMO in the future.

            To help my understanding, regarding the point "the partners of the two cousins are not related to each other" @Ted.E.Bear made, could others please elaborate why it's not an issue (i.e., not treated as 2 households or families)?

            Thanks!

            Comment


              #7
              The partners of the two couples are not related to each other blood-wise but they are relationship-wise. The unmarried couple count as related to each other. If the blood related cousin fell out with their partner and left ie split up, you'd have a HMO.

              This is because you would have the married couple and baby, and a no longer related third person.

              Comment


                #8
                Originally posted by DPT57 View Post
                This will not be an HMO as long as the cohabitees are genuinely a couple.
                And as long as the cousins are really cousins. Some communities count close friendly neighbours as cousins, Aunties and Uncles when they're not related at all.

                Comment


                  #9
                  Originally posted by Berlingogirl View Post
                  The partners of the two couples are not related to each other blood-wise but they are relationship-wise.
                  Which regulation do you think allows that?
                  Being related and being in a couple don't seem to be interchangeable in the regulations.

                  Comment


                    #10
                    Interestingly, the council replied today that this case is still considered a household so would not require an HMO license.

                    However, does anyone have thoughts on @Ted.E.Bear's point? s.258 of housing act 2004 does seem to suggest the 2 partners of cousins need to be related too...

                    Comment


                      #11
                      I think that as long as every person living there is either a relative of or in a sexual relationship with at least one other resident, then they form a single household.

                      Comment


                        #12
                        Originally posted by Berlingogirl View Post
                        The partners of the two couples are not related to each other blood-wise but they are relationship-wise. The unmarried couple count as related to each other. If the blood related cousin fell out with their partner and left ie split up, you'd have a HMO.

                        This is because you would have the married couple and baby, and a no longer related third person.
                        Just for a bit of clarity here. If the people in the house count themselves as a family unit (one household) it wouldn't be a HMO. When I had a lodger live with me the council sent a bod round to make sure we weren't a couple and they asked questions such as 'Do you cook a shared meal together?' and 'Do you do your washing in the same cycle?' so if the three remaining adults DO share these kinds of things it looks like they'll be ok.


                        "A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’." (gov.uk website)

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X