Renting rooms

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    #16
    DoricPixie,

    No, I have changed my mind , I will not be living abroad permanently , I will probably just go abroad for a few weeks at a time and reside at my UK property for the rest of the time

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      #17
      Originally posted by Luke View Post
      If I decided to keep one room for myself as my man and only residence and just rented the bedrooms out on a bedroon only basis , would I be able to do that ?
      If there is an issue, you would have to be able to prove that the one room constitutes your only or main residence - and, while you're being evasive, it doesn't sound remotely plausible.
      Is where you stay overseas also one room?
      Where is your post delivered, what's the address on your non-UK drivers licence, will you be registered as a UK resident for tax purposes?


      I have checked my boroughs HMO rules and they only apply if there are at least five people from two different families living at the property and I would rent to single people on a casual basis
      The local authority rules may apply when there are five people, but UK law for HMO starts with fewer people. If you own the property and live there, it's three (including you).
      The same issue with "living there" would apply in this case as well.

      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


        #18
        Originally posted by jpkeates View Post
        If there is an issue, you would have to be able to prove that the one room constitutes your only or main residence - and, while you're being evasive, it doesn't sound remotely plausible.
        Is where you stay overseas also one room?
        Where is your post delivered, what's the address on your non-UK drivers licence, will you be registered as a UK resident for tax purposes?


        The local authority rules may apply when there are five people, but UK law for HMO starts with fewer people. If you own the property and live there, it's three (including you).
        The same issue with "living there" would apply in this case as well.
        I only have one place to stay in the U.K, its either my property, hotels or living on the streets .
        I also have no address abroad , I stay in hotels .
        My post is delivered to my UK address and my tax address is also my UK property .
        Looking at the Gov Website , it says a HMO licence is only required when its a large HMO with five of more people living there

        https://www.gov.uk/house-in-multiple...n%20facilities

        You must have a licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:
        • it is rented to 5 or more people who form more than 1 household
        • some or all tenants share toilet, bathroom or kitchen facilities

        Comment


          #19
          Originally posted by Luke View Post

          I only have one place to stay in the U.K, its either my property, hotels or living on the streets .
          I also have no address abroad , I stay in hotels .
          My post is delivered to my UK address and my tax address is also my UK property .
          Proving that somewhere is your only or main home isn't as straightforward as just using the property as your address for your bills, tax and driving licence. Where would you ordinarily expect to be found, living in this property or somewhere else? It could be that HMRC et al would deem this property as your main residence, I don't know, I'm just saying there's no clear cut definition of what constitutes your main residence in circumstances such as yours.

          I did have a friend try to claim he was a resident landlord even though he had filled in a P85 and declared to HMRC that he was not resident in the UK for tax purposes. Eejit.

          Originally posted by Luke View Post
          Looking at the Gov Website , it says a HMO licence is only required when its a large HMO with five of more people living there

          https://www.gov.uk/house-in-multiple...n%20facilities

          You must have a licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:
          • it is rented to 5 or more people who form more than 1 household
          • some or all tenants share toilet, bathroom or kitchen facilities
          Those are the criteria for needing to license your HMO but a HMO, that doesn't require a licence (depending on the council area) is a property where 3 or more people, excluding a resident landlord, live together as 2 separate households. A couple and their friend makes 3 people and 2 separate households making the arrangement a (small) HMO regardless if you live there/pretend to live there/live elsewhere.

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            #20
            If you live there most of the time, you may be ok, but the property will still need to comply with the HMO Management Regulations. If you find that in practice you spend months at a time away from home, you risk a challenge by the lodgers and you would need to prove in court that its your principal home.

            Comment


              #21
              Originally posted by Luke View Post
              Looking at the Gov Website , it says a HMO licence is only required when its a large HMO with five of more people living there
              That's true, but licencing isn't the only issue for HMOs, special regulations apply to properties with three people or more.

              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


                #22
                DPT57,

                Thanks , do you know what the HMO management regulations are ?
                I have a three bedroom property and I would stay at the property myself and rent rooms to three tenants .

                Comment


                  #23
                  Originally posted by Luke View Post
                  Thanks , do you know what the HMO management regulations are ?
                  You'd need to check, because the regulations for an HMO are quite comprehensive even without a licence.

                  Including (but not limited to):
                  • To provide all occupiers with the manager's name, address and telephone number, this information must be clearly displayed within the property
                  • To ensure that all fire escapes are clear of any obstacles and that they are kept in good order, to ensure that all fire safety measures are maintained in good working order and that adequate fire safety measures are in place with regards to the design, structural conditions and number of occupiers in the HMO
                  • The manager must maintain adequate water supply and drainage to the dwelling
                  • The manager must not unreasonably cause the electric and gas supply to be interrupted
                  • The manager must provide the electrical and gas inspection certificates within seven days of receiving a request in writing from the local housing authority
                  • To ensure that all common parts of the HMO are maintained in good decorative order, and safe and working condition. This includes outbuildings, boundaries and gardens
                  • The manager must ensure each unit of living accommodation and its contents are clean before occupiers move in and are maintained in good repair and clean working order throughout the occupation by the tenant
                  • The manager must provide adequate facilities to dispose of all waste produced by the property.
                  Some of these are more onerous than they appear - the "fire safety measures" one probably involves hiring a specialist to carry out a Fire Risk Assessment and doing what they suggest (which will probably involve a higher than "normal" standard of fire resistance in internal doors, a hard-wired routinely serviced fire alarm system, heat-sensitive fire alarms in the kitchen(s) and proper fire escape routes).

                  There may be planning implications for an HMO as it is a distinct "type" of property.

                  If your local authority introduces additional licencing, there will be additional stuff on top of this.
                  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


                    #24
                    Thanks .
                    I have never rented rooms before , its always previously been the whole property .
                    The tenants can stay for as long as they like and leave when they want .
                    I'd be happy with a months notice .
                    Would I need to give then AST style contracts or something or could they just stay on a casual basis ?
                    Say , just pay 1 month in advance and monthly thereafter ?
                    Or would I need something in writing and signed ?

                    Comment


                      #25
                      I would be inclined not to issue a written contract of any kind as it will inevitably work against you. You can tell them the house rules verbally.You can take a month deposit to help ensure they give you the correct notice. You should bear in mind though that the law may change next year and require a written contract.

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                        #26
                        jpkeates,

                        Thank -you .
                        If I dont need a HMO licence , how are the above rules/regulations enforced ?
                        I would happily comply with the regulations , but would I need to get a certificate or something ?
                        Are there two HMO licences ? a local one and a national one ?

                        Comment


                          #27
                          Originally posted by Luke View Post
                          If I dont need a HMO licence , how are the above rules/regulations enforced ?
                          By the local authority.
                          Thay have powers to both visit and to write to you to demand evidence of compliance.
                          My guess is the occupants might be tempted to make a phone call if they were unhappy one day.
                          I would happily comply with the regulations , but would I need to get a certificate or something ?
                          No.
                          Are there two HMO licences ? a local one and a national one ?
                          No.
                          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


                            #28
                            Originally posted by Luke View Post
                            Are there two HMO licences ? a local one and a national one ?
                            No, but there are both mandatory, (national) and discretionary, (local) licenses. The first is only required for 5 or more occupants in 2 or more households. The second is for either 3 or 4 people in 2 or more households at the discretion of the Council. For resident landlords your family effectively counts as one person/household.

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