16:14 PM, 5th September 2016, About 5 years ago 15
The definition of HMO (Housing Act 2004) includes “occupied by three or more unrelated persons” and “(d) the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259)”.
My question is this: does a room occupied by any person for a short stay (only a few days or weeks at a time) count as one of the HMO rooms, when it clearly is not their “only or main residence”?
Example 1: a 3-bed house has two sharers, plus a 3rd room offered on Airbnb for short stays. Only two of them call the house their “only or main residence”, so is it an HMO?
Example 2: a 5-bed, 3-storey house has four sharers as “only and main residence” so this would be an HMO but not mandatorily licensable. If the 5th room is offered on Airbnb for short stays, would this trigger the mandatory licensing?
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