Joint Tenancy Agreement & HMO problems

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Joint Tenancy Agreement & HMO problems

    Hi,

    I've scanned through the various articles and forum messages on the site, but still have a problem that i was hoping someone could help me out with:

    I have a 3 bed property and recently had two students sign up to a joint tenancy agreement between June 04 and September 05. However, in January 05, I managed to find a 3rd person for the spare room and decided to put him in the house too. So what i did was, just get him to add his name to the original shared joint tenancy agreement that was signed in June 04, which would take all of the tenants to the end of the tenancy in Sept 05.

    ^Am I allowed to do that?? Or should I have made all 3 tenants sign a fresh new contract from Jan 05 - Sept 05? Is it legally permissable to add a new tenant part way through an existing contract or by doing so, have I made the house now become classified as a HMO???

    The HMO law really p*sses me off- It's so confusing, and seemingly unneccessary. Grrr!

    Advice would be appreciated because I'm very very confused and don't want to end up getting fined for the council because adding the new tenant suddenly turns the joint tenancy into a HMO!!!

    Many Thanks in advance.

  • #2
    [QUOTE=nmk]

    The HMO law really p*sses me off- It's so confusing, and seemingly unneccessary. Grrr!

    Advice would be appreciated because I'm very very confused and don't want to end up getting fined for the council because adding the new tenant suddenly turns the joint tenancy into a HMO!!!


    QUOTE]

    It's not the tenancy agreement which turns a house into an HMO it is the fact that there are 'persons not forming a single household' which does.
    At the moment if 3 friends were sharing a house it would probably not be an HMO. If 2 friends share then the landlord 'puts in ' another tenant then it probably would.

    It is irrelevant as to whether they are on a joint tenancy or not - it is the way the property is occupied.
    The type of property will also govern what you may need to do to comply with legislation. E.G a back to back property on 3 floors with a staircase leading from a kitchen (common around here) would need more work to comply with statute and standards.

    HMO legislation may seem unecessary - perhaps it saves lives?
    A person unknown to the others increases the risk.
    Granted..your property only has 3 persons and the higher the number of persons also increases the risk as does the type of property.

    Friends tend to look out for one another - strangers may not.
    Friends tend to know who is in or out of the house - strangers may not.
    If there was a fire - friends tend to get each other out - but if the new person on the top floor isn't always there and you are not sure- would you risk your life to go and find out? - Well not everyone would.

    Perhaps if you had asked for info before you added the new tenant??
    Grrr - it really pisses me off when landlords just make it up as they go along and then moan.
    At least try and find out what you have to do first.

    The Council will not fine you - they have to serve notice first, but have more immediate powers under the new legislation (due to come into force in October)
    The fire service have the powers to close the property if it causes an imminent risk to life.
    Contact your local council for info.
    Whilst I hope you find the contents of this posting interesting and informative, the contents are without prejudice or liability and are for general information purposes only

    Comment


    • #3
      To answer you points in RED below; I've not really answered the HMO questions as they have already been dealt with fairly well, but see the rest!
      Originally posted by nmk
      Hi,

      I've scanned through the various articles and forum messages on the site, but still have a problem that i was hoping someone could help me out with:

      I have a 3 bed property and recently had two students sign up to a joint tenancy agreement between June 04 and September 05. However, in January 05, I managed to find a 3rd person for the spare room and decided to put him in the house too. So what i did was, just get him to add his name to the original shared joint tenancy agreement that was signed in June 04, which would take all of the tenants to the end of the tenancy in Sept 05.

      ^Am I allowed to do that?? NO! Or should I have made all 3 tenants sign a fresh new contract from Jan 05 - Sept 05? YES! Is it legally permissable to add a new tenant part way through an existing contract See above or by doing so, have I made the house now become classified as a HMO??? Nothing to do with it.

      The HMO law really p*sses me off- It's so confusing, and seemingly unneccessary. Grrr! Wait 'til the Housing Act 2004 comes into being next year probably and you'll be delirious!!! It will reduce the number of HMO's considerably believe me!

      Advice would be appreciated because I'm very very confused and don't want to end up getting fined You won't be! for the council because adding the new tenant suddenly turns the joint tenancy into a HMO!!! It didn't!

      Many Thanks in advance.
      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.

      Comment

      Latest Activity

      Collapse

      • This is a NO isn't it? Seems iffy to me, what do you think?
        Berlingogirl
        This is a NO isn't it? Seems iffy to me, what do you think? Any insights? My ad is on Gumtree.



        "Hello, I'm A***** a British America Business man, I have a business project in your area and I'll like to rent your apartment for the period of 6 month and I'll like to know...
        27-07-2017, 13:57 PM
      • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
        Berlingogirl
        I'm trying to , jta, but I think he knows I know....
        27-07-2017, 20:16 PM
      • Extremely anti-social and criminal tenant -Section 8
        BouwensPB
        I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
        26-07-2017, 16:09 PM
      • Reply to Extremely anti-social and criminal tenant -Section 8
        Wright76
        You are also aware you are now liable to pay her a penalty of up three times the deposit value?.

        My experience of a drug addict is that they will leave with a financial offering.

        Strike a deal taking into account your likely penalty and eviction costs and offer her an amount...
        27-07-2017, 19:10 PM
      • Reply to Extremely anti-social and criminal tenant -Section 8
        theartfullodger
        Check insurance for what you must do knowing what you do....
        27-07-2017, 19:00 PM
      • Tips for making a good impression when meeting a landlord
        purpleangel
        Our potential new landlady has 'approved us in principle' but wants to meet us at the house as the final part in the referencing process. Beside the obvious such as look smart, tidy and professional and warn the kids to behave, any particular tips for making sure this last hurdle goes smoothly?
        26-07-2017, 10:11 AM
      • Reply to Tips for making a good impression when meeting a landlord
        Wright76
        Some of the above comments are crazy!. If they have aleady done their referencing and credit checks then they likely just want to meet you.

        As someone said above, they are trusting you with their very valuable asset.

        As a landlord I couldn't care less what clothes someone...
        27-07-2017, 19:00 PM
      • Landlord Address
        bsward
        Hello,

        Tenancy finished a couple of months ago. The landlord withheld part of the deposit for a variety of reasons. As the tenant, I disputed those deductions as incorrect - they contradict the Checkout Report which was completed by an agent of the Landlord but that's besides the point....
        27-07-2017, 09:58 AM
      • Reply to Landlord Address
        theartfullodger
        As the tenancy has finished you have no right to his address from agent.

        Have you spent £3 with land registry to get deeds of property & see who is listed as owner & what address?? (Landlord may not be owner... legal, no very uncommon...)
        https://www.gov.uk/search-propert...
        27-07-2017, 18:59 PM
      • Tenant's energy debt.
        Gordonmrln
        I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
        20-07-2017, 22:08 PM
      Working...
      X