Am I in HMO territory?Make Text Bigger
I have a two bedroom flat in a large purpose built block in the city centre. Two beds, lounge, kitchen, family bathroom and en-suite to main bedroom. Basically it is a standard two bed residential apartment all on one floor.
I have always had a sole tenant or a couple in occupation until now.
The couple that have been there for the last two years are moving out and I’m advertising for a new tenant. I have been approached by a nice lady who wants to rent the property with her partner and also a third person who she says is a friend. (Apparently they are currently renting on this basis). Says all three of them want to be on the tenancy agreement.
I have never been involved with HMO’s before, not my area of expertise at all, but I do know the rules have changed last year. I guess I don’t need to apply for an HMO licence as there aren’t five persons involved?
But from what I can see I might be setting up a non licenceable HMO here as there are more than two persons? Can I just get all three of them to sign the tenancy agreement and not worry about anything else and simply carry on as I’ve done in the past or am I missing something major?
Editors Notes: See .Gov >> https://www.gov.uk/house-in-multiple-occupation-licence
House in multiple occupation licence
A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’.
If you want to rent out your property as a house in multiple occupation in England or Wales you must contact your council to check if you need a licence.
You must have a licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:
- it is rented to 5 or more people who form more than 1 household
- some or all tenants share toilet, bathroom or kitchen facilities
- at least 1 tenant pays rent (or their employer pays it for them)
Even if your property is smaller and rented to fewer people, you may still need a licence depending on the area. Check with your council.
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