New legislation means HMO for unrelated occupants??

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  • New legislation means HMO for unrelated occupants??

    I am the landlord of a small 3 bed property in the Colchester area. The house is occupied by three friends (unrelated). Following advice from a previous post, I contacted the local authority regarding licencing under the new housing legislation. I have today been informed that due to the occupants being unrelated the house will now be classed as HMO. My understanding was that there had to be 5 unrelated occupants for HMO to apply.

    Will this have any major impact on my arrangements with both my tenants or my letting agents?



  • #2
    Just because it is classed as an HMO does not mean it will have to be licencesd. Contact the Environmental Health team at the council and find out the implications... they prefer it if you are proactive.... see the HMO Forum!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


    • #3
      If 3 unrelated people are sharing, the property has always been classed as an HMO. These types of properties have stringent fire regulations, so check with your Local Authority HMO officer what needs to be done (if anything)

      You will not have to license the property as an HMO unless the property is 3 stories or more and has 5 tenants or more.



      • #4
        Originally posted by Tassotti

        You will not have to license the property as an HMO unless the property is 3 stories or more and has 5 tenants or more.

        You need to check with your local authority, they may have agreement from the Secretary of State office to alter the mandatory standard, they may also have implemented additional licencing for certain other proerties that may be a HMO or they may be doing selective licensing of a set area/district which contains HMO's detailed in the Housing Act 2004.


        • #5
          I was at a meeting today where a rep from my council (york) was explaining that at the moment (from April 1st) they are only doing mandatory licensing because it's such a big job without the ither selective or additional licensing. Other authorities may be different. They are also running workshops for landlords & other interested parties to explain what's involved and having an amnesty period of 3 months.I hadn't realised that a) to get a license a landlord will have to be "a fit and suitable person" and that b) if you don't have a license when you should have, you won't be able to get possession using a S.21, never mind facing huge fines.The govt. is providing no money to LA's for this, it has to be self-financing.
          Should weed out the bad'uns but will be costly for those who have kept to the rules.


          • #6
            It's dead easy to find out all you need to know about HMO's and licensing rather then argue the toss here! The government have produced several factsheets that can be downloaded starting with - each factsheet can be obtained by using the next number in the list, or you can go to and click on what you want to see.

            Easier still - just look right at the top of this page where you can access the info by just clicking on the icon!
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


            • #7
              New Legislation

              You will find all the information you need about the new legislation on the Governement's ODPM web site and there's an excellent flow chart to help you decide if the legislation applies to you.


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