Going up to 3 lodgers

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  • Going up to 3 lodgers

    Hi, I'm about to rent a couple of rooms in my house. I'd be a live-in landlord so it would legally be lodgers. There are 3 rooms potentially available, but I see from online browsing that there's a lot of advice to let to no more than 2 lodgers because above that the house legally becomes an HMO. However I've had a lot less luck on Google trying to find out what that actually means? So can anyone explain what difference it makes? So I can figure out whether it's a big enough difference to make it not worth letting the 3rd room.

    (There are only 2 floors in the house)

    Thanks

  • #2
    Call the local council's HMO department and ask.

    Comment


    • #3
      A quick Google shows that a property becomes an HMO as soon as three unrelated people live there,

      So ISTM that having a second lodger is a problem

      Unless, that is, lodgers count as "family members" in this respect, in which case 2 or 3 makes no difference

      tim

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      • #4
        Looking at the legislation it only refers to landlords and tenants, not lodgers, and as the latter are
        not recognised as tenants under the Housing Act 2004 then does it apply to them? I can't find anything on live-in landlords with lodgers specifically.
        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.

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        • #5
          If the OP is a resident landlord you are permitted under the provisions of the Housing Act 2004 to have 2 persons living with you who are not related to you would not be classed as a HMO, should you move another person in you become a HMO.

          The Housing Act 2004 definition is for persons, not tenants, lodgers, contractors, etc, if it is occupied by more than 2 unrelated persons in 2 seperate households it will be a HMO. Schedule 14 paragraph 6(1)(c) of the Act refers to buildings occupied by owners and Statutory Instrument 373; The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006; Paragraph 6(2) gives that number as 2.

          OP Part 1 of the Act refers to any residential property in England so you should be aware of that. If did become a HMO you would also have to comply with The Management of Houses in Multiple Occupation (England) Regulations 2006 to name but a few.

          HTH

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          • #6
            Thanks. I had a look up the act and on a quick glance couldn't see anything in it that doesn't look like the kind of stuff any reasonable person would normally do anyway (ensure fittings are safe and working, provide tenants with your contact details - though that one seems a bit irrelevenat if you're actually living in the house with them!), but I still don't feel comfortable with having those regulations sitting on me given that I don't fully understand the details. That is erring me towards only letting out 2 rooms in order to be safe, which is a shame seeing as my house is in London, and every room let presumably helps alleviate the accomodation shortage round here.

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            • #7
              Originally posted by phantom23 View Post
              but I still don't feel comfortable with having those regulations sitting on me given that I don't fully understand the details.
              Call the local council's HMO department and ask.

              Comment

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