Company tenancy and HMOs

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    Company tenancy and HMOs

    If a company is the tenant, and they house a large number of occupants in a property (let’s say enough to take it over the threshold to usually make it an HMO) would it be an HMO?

    Is it based on occupiers or tenants?


    #2
    I believe it would be an HMO, assuming this was the occupants main residence and it would be up to the company to seek a licence. Of course if they dont then its almost impossible for the owner/superior landlord to avoid comeback on them/the property.

    Comment


      #3
      HMO status is based on occupants not tenants.

      If you rent to the company you would need to be very clear that they are managing the property, not the landlord.
      However, as the company can't do what would be almost certain to be required to make the property a legal HMO, I don't think that's a reliable defence should things go wrong.
      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


        #4
        Originally posted by HantsAgent View Post
        Is it based on occupiers or tenants?
        House in Multiple Occupation.

        If/when renting a house to a company (say to house their employees) then you should have a clause in the lease stating the maximum number of occupants the company can put in there at any one time.

        If they then put more in they are in breach of the lease.

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