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cable satellite consoles Old 8th August 2009, 11:05   #1 (permalink)
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any landlords on here ?

Hi

My father is a local landlord he has an hmo which he is licenced for.

His home is a 3 story house and he has 2 lodgers, the council have served him notice to inspect his home and when they came they have said that because it is a 3 story house with lodgers then it is an hmo.

I have looked on RIKY and they state that you are exempt from hmo status if
Code:
properties which are shared by two individuals are exempt from the HMO definition as are those with a resident landlord with no more than two lodgers
They say this comes from
Code:
Full legal definition of HMO - As defined in ss.254 to 259 of the Housing Act 2004
I have looked at the act and can't find any reference to this exemption.

Wondering if anyone here has any knowledge.

My father has said he will not convert his house and will get rid of the lodgers 1st but I know he doesn't want to do this as they have been with him for years, He can move them into his hmo which is next door but one has said he would rather leave as he likes the family atmosphere in my fathers house which won't be there in the hmo.
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cable satellite consoles Old 9th August 2009, 12:00   #2 (permalink)
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Re: any landlords on here ?

Any of the following properties are likely to be houses in multiple occupation (HMOs)

Bedsits
Shared houses
Lodgings
Hostels.
Individual shared self-contained flats/cluster flats
Blocks of converted flats
Halls of residence (privately operated)
Asylum seeker/migrant accommodation
Accommodation for workers/employees
Refuges

Any building, or part of a building, which is occupied only by two persons cannot be a HMO even though those two persons are unrelated. Therefore, for premises to be a HMO there must be at least three persons involved. This is a different number than that which applies to Mandatory HMO Licencing where there must be at least 5 occupiers.

Hope this helps
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cable satellite consoles Old 9th August 2009, 12:23   #3 (permalink)
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Re: any landlords on here ?

As far as i understand it (and I'm no expert), if the owner of the property is sharing with two tenants, then it isn't a hmo.

Now that seems to be your dad's situation, and that seems to be what the first definition you posted is saying.


"...properties which are shared by two individuals are exempt from the HMO definition as are those with a resident landlord with no more than two lodgers."

Last edited by nara; 9th August 2009 at 12:25.
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