Resident L lets rooms to 2 lodgers: is this an HMO?

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    Resident L lets rooms to 2 lodgers: is this an HMO?

    I am a landlady living on the premises with my partner. I rent out two other rooms to lodgers who are not related,, would my house be classed as a HMO? if so,,, if I rented only to one lodger would that be classed as a HMO.??
    House is three story,, attic conversion,, and three other bedrooms.

    #2
    No.

    See the below link for the legal definition of a HMO in regards to Lodgers - read ALL the posts...

    http://www.landlordzone.co.uk/forums...se-help-please

    In summary - you need three or more lodgers for a property to be considered as a HMO...

    S.

    Comment


      #3
      Welcome to the confusing world of HMO's, for the purposes of part 1 of the Housing Act 2004 you are a HMO, but for any of the relevant statutory instruments schocca is correct you arent.

      Comment


        #4
        Originally posted by red40 View Post
        Welcome to the confusing world of HMO's, for the purposes of part 1 of the Housing Act 2004 you are a HMO, but for any of the relevant statutory instruments schocca is correct you arent.
        Well, yes, this does seem to be a HMO for part 1 of the Housing Act 2004 (as part 1, Chapter 1, section 5 excludes the schedule 14 exclusions). Part 1 is only about the enforcement of housing standards and HMOs are not treated differently from any other residential dwellings in this part of the act. I.e. it's just trying to make sure that ALL residential dwellings are included in Part 1 of the act.

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          #5
          hi shocca..
          I was confussed,, but now .. even so.
          It says .. Im exept as the Act. 14.
          that is ,,, If Im (owner/occupier] ..I can have up to two people {not related to me... or each other},,,,as two
          lodgers,T'will,,,, Not classed as a HMO.
          Part one of the Act is cassified as ",the building", the other part ,,, to classify. as "who lives in it"?,,, verifies if it is a HMO.?
          At the end of the day,,, I bought this house with the understanding to myself,,This would be my pension.
          Ive gon and bought another property too,, bloody hell,,, what have I done!!
          Maybe the answer is sell up!
          Too much headache.
          The Legal aspects of it all,,, baffils me.





          derstanding

          Comment


            #6
            RED40
            thank you for response.. but what do you mean.
            Relevant Statutory Instruments??
            Plain English Please,
            Thanx,

            Comment


              #7
              Originally posted by wobbledeenot View Post
              RED40
              thank you for response.. but what do you mean.
              Relevant Statutory Instruments??
              Plain English Please,
              Thanx,
              The terminology can be a bit confusing, I agree.

              It means the legislation (laws) which say what you must have in the property (.e.g fire doors, smoke alarms/exits, space per person, etc.), if it is a certain type of HMO. (The term 'House of Multiple Occupation' just means there are more than two unrelated people sharing the accommodation, under whatever arrangement).

              There are licensable HMOs and non-licensable ones, you see. For example, rented student houses (where the landlord doesn't live on the premises) are usually HMOs and if there are more than 4 tenants living there over three floors, there (rightly) are lots of regulations about fire safety, living space, etc. The basic idea is (within reason) to maximise protection for the tenants/lodgers. The more distant the relationship with the property owner (the LL) and the more risk posed by the people living in the property to each other and the property and by things like fire, the more strict the rules about how the accommodation must be designed and managed. It's sensible enough.

              Your house will be an HMO in the sense that 'two or more unrelated sharers live there', but (unless you increase the number of lodgers) there aren't any special requirements which apply to you about the accommodation, apart perhaps from fire/smoke alarms) - red40 may be able to advise about those.

              I expect you've read this 'Rent a Room' site already, but here it is anyway:

              http://www.direct.gov.uk/en/MoneyTax...ome/DG_4017804

              This is the Landlordzone helpsheet on rules about having lodgers, which seems to suggest you might need to contact the Coouncil planning dept if you create an HMO (of any kind):

              http://www.landlordzone.co.uk/lodger..._&_answers.htm

              And this is another thread from Landlordzone in which a landlady with lots of experience talks about the highs and lows of renting to lodgers - you might find it interesting!

              http://www.landlordzone.co.uk/forums...sussexlandlady
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by mind the gap View Post
                The terminology can be a bit confusing, I agree.
                ...
                Your house will be an HMO in the sense that 'two or more unrelated sharers live there', but (unless you increase the number of lodgers) there aren't any special requirements which apply to you about the accommodation, apart perhaps from fire/smoke alarms) - red40 may be able to advise about those.
                Lets be clear here - this is not a HMO in any way that has relevance for the owner. The only time that that it is deemed to be a HMO is make sure that Part 1 of the 2004 Housing Act (which deals with the ability for councils to enforce housing standards) actually works and is fully enforceable for ALL residential dwellings.

                Any other time that a legal Act or SI mentions HMO, they refer to Sections 254-260 of the 2004 Housing Act (which defines what a HMO is). Section 254 also mentions that a property is excluded from being considered as a HMO if it meets the criteria listed in Schedule 14. In this example, the property meets the criteria for Schedule 14 as it is owner occupied + has less than three lodgers - therefore it's not a HMO.

                This also means that the owner does NOT need to talk to the council or consider special health and safety considerations that may be required for a HMO.

                Part 1 of the 2004 Housing Act (housing standards and enforcement)
                Now we come to part 1 of the 2004 Housing act - why this special HMO case? Part 1 of the 2004 Housing Act is about making sure that a residential dwelling is safe for people to live in and gives councils the responsibility and powers to enforce housing standards (i.e. the roof has fallen in, the council can force the owner to fix the roof or do it themselves and charge the owner for doing this).

                These housing standards are applicable to every residential dwelling in England and Wales - i.e. houses, flats, student halls of residence, houses of worship, etc...

                What does this mean for the owner?
                Well, all this means is that the owner needs to consider if their house is safe for the lodgers, but only in comparison to a normal residential house. E.g. holes in the floor, bare electrical wires, etc are not good (and this would not be acceptable in any home).

                Comment


                  #9
                  Thanks, schocca. So OP, as long as you have only two lodgers, you need do nothing specific (other than what you would normally do for your own family) to ensure your home is habitable and safe.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment

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