Who is HMO manager.

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    Who is HMO manager.

    I have posted on a related matter:

    https://forums.landlordzone.co.uk/fo...-landlord-lady

    The holder of Sole Possession tenancy, is also a landlady (immediate) to two lodgers - so 3 persons = HMO.

    I am the Head Landlord, how is the landlady viewed under the Regs, as an occupier only, or does she have any responsibilities as a manager, as she has two lodgers below her, or am I also responsible for them as manager, even though the 'Lodgers Agreement' is between her and them.

    This was discussed earlier regarding Fire Fighting Equipmemt and maintenance, and I accept full responsibility for this - but the line seems blurred with the Lodgers and myself, am I expected to ensure they comply with occupier duties, or is the Immediate landlady.
    Am I responsible for doing Right to Rent checks on her Lodgers, for example, I understand she is under no obligation to provide me with copies of the Lodger Agreements, although I may advise she provides them.

    and, is not the Tenant (Landlady) not entitled to quiet enjoyment, I will only be inspecting every 3 months, I am not allowed to enter the premises without permission: ~

    (b)allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person;

    Thanks

    #2
    Do you have any prohibition on subletting all or part of the property in your TA? Does it also say anything about HMOs? If so, you should probably write to her pointing out the breach. Assuming it's not licensable, you should probably point out that as she created she situation she is the HMO Manager and you have no liability. In truth I'm not sure this would hold if anything went wrong and if it is or becomes licensable, you may not escape liability, either from the Council in the form of a penalty or the tenant in the form of an RRO.

    Comment


      #3
      Any responsible person can be an H.M.O. officer, but suggest it must be the property-

      Comment


        #4
        Originally posted by ram View Post
        Any responsible person can be an H.M.O. officer, but suggest it must be the property-
        Please revise to -- Any responsible person can be an H.M.O. officer, but suggest it must be the property owner in your case, as a sub tenant does not have the best interests of the property on their mind. has no financial commitment to the building, nor probably any complusion to ensure the satety of 2 stangers who just pay her rent, not be bothered with any rules and regulations, and wont know how to or want to do Right to Rent checks.

        I also ask why you are allowing a tenant to make a profit from your business. I assume you gave permission for her to have two lodgers ?
        Me , if i wanted 3 people in my property, I would have advertised for 2 extra people, and the rent goes up slightly for extra wear and tear.

        Comment


          #5
          OK so it appears that
          1)
          as property owner (Head Landlord and HMO Manager) I am responsible for the Fire Safety Equipment to make the property compliant - its installation and mainatenance, and
          2)
          the tenant (in this case the Immediate Landlord and also an HMO Mananger) is responsible for the day to day running of the property, which encompasses these clauses of the HMO Regulations:

          (d) take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations;
          (e) store and dispose of litter in accordance with the arrangements made by the manager under regulation 9; and
          (f) comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment.


          She does have permission to have two lodgers from me, it was a judgement I made at the time. They keep the place very clean, rent paid on time, the lodgers are very friendly and polite, no noise nuisance.
          However thank you for your comment regarding 'profiting' - yes maybe I should be making that extra, but I have found it difficult during Covid here during lock down to let out. I wanted to avoid the property being empty for months, with risk of break ins etc.
          Regarding Right to Rent Checks, I have copies of their ID's and that all checks out.

          Despite so far being model tenants, they have however presented me with another challenge - wedging the fire doors open, I will start another thread as it a new topic related to fire safety rather than who is manager..

          Comment


            #6
            Other thread is at https://forums.landlordzone.co.uk/fo...is-hmo-manager

            Comment


              #7
              Have you checked whether the Council has a licensing scheme for 3 person HMOs? If so, that is the bigger concern at this point.

              Comment


                #8
                At this present moment 3 person HMOs here do not require Licensing.

                Comment

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