Subletting - not permitted by landlord

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    #16
    Originally posted by Nimott View Post
    - in the house, there is a first and a second floor. There are three bedrooms and one bathroom on the second floor, there are three bedrooms and a kitchen on the first floor and there is one bedroom, a kitchen, a bathroom and a lounge on the ground floor
    So the house is now an HMO subject to mandatory licensing under the 2004 Act.

    If it's not actually licensed, you have made L liable to a fine of up to £5000.

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      #17
      Originally posted by Sad S View Post
      So the house is now an HMO subject to mandatory licensing under the 2004 Act.

      If it's not actually licensed, you have made L liable to a fine of up to £5000.
      No, because there are only 4 tenants - plus 2 excluded occupiers who may possibly be excluded from the calculation according to http://www.landlordzone.co.uk/blog/n...ows-hmo-ruling, however I can not find the legislation that the blog cites, so can not (at this stage) offer any clarification.

      If another lodger comes on board, then yes it would definately seem to be a HMO and, presuming the LL hasn't a HMO license then it could cause both the LL & Ts problems.

      Comment


        #18
        Originally posted by Snorkerz View Post
        No, because there are only 4 tenants - plus 2 excluded occupiers who may possibly be excluded from the calculation according to http://www.landlordzone.co.uk/blog/n...ows-hmo-ruling, however I can not find the legislation that the blog cites, so can not (at this stage) offer any clarification.

        If another lodger comes on board, then yes it would definately seem to be a HMO and, presuming the LL hasn't a HMO license then it could cause both the LL & Ts problems.
        That article seems to be about whether a property needs planning permission as an HMO, which is surely a separate issue to whether it needs a licence?

        Also, the only mention of lodgers is in the paragraph which reads:
        A HMO is defined as a property where 3 or 6 unrelated individuals share basic amenities. This doesn’t include properties where the owner and up to two lodgers live. There are also other exemptions.
        ...and the owner doesn't live in OP's rental property.

        Comment


          #19
          Originally posted by westminster View Post
          That article seems to be about whether a property needs planning permission as an HMO, which is surely a separate issue to whether it needs a licence?

          Also, the only mention of lodgers is in the paragraph which reads:

          ...and the owner doesn't live in OP's rental property.


          A mandatory HMO licence is needed if there are five or more [B]occupants[B] and three or more storeys. A person who occupies a dwelling is an occupant regardless of age.

          The following quotation is from a local authority's website, (there are many others in the same vein):

          Mandatory licensing for Houses in Multiple Occupation (HMO) came into force on the 6 April 2006 for certain large HMOs. After this date it is a criminal offence to operate a HMO (which is subject to the regulations) without a licence. Landlords who are caught, risk being heavily fined by the courts. If you own or manage an HMO which has three or more storeys and five or more occupants forming two or more households - you will need to apply for a licence.

          Comment


            #20
            I can see an easy case for withholding consent.

            If you are going to do something that incurred costs to the LL then this would be a good reason to withhold consent!

            The whole HMO issue is surely bust also. If it was as easy as calling people lodgers then no house in the land would fall in the definition! Wake up! I know legislators are dense but not that dense!

            Also, to second someone else, since when does not hearing mean yes? Again wake up! I presume you're a student? If so then good luck with all that... it really is true that sense isn't common isn't it?

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              #21
              Nimott, what are these "gas" issues that the LL has to attend to rectify?

              Were you issued with an indate copy of a current gas safety certificate when you took the property on?

              pm
              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

              Comment


                #22
                I think that OP has unwittingly made the property a licensable HMO and the LL would have strong grounds to insist that the two extra occupants leave, since that is presumably why he limited it to four in the first place (ie so as not to have a licensable HMO on his hands).

                In this context the issue of the additional occupants' legal status is surely academic.
                '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


                  #23
                  spam reported
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #24
                    Busted

                    Oh wow, is this about to get interesting........

                    Hello OP

                    I am 99.9% sure that I am your managing agent. I think we need to have a private conversation......

                    Comment

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