HMO changes with existing tenant?

HMO changes with existing tenant?

by Readers Question

Guest Author

10:37 AM, 8th December 2022, About 2 years ago 6

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The Local Borough Council introduced changes to the government’s housing 2004 scheme at end of last year. We initially had potential issues with a 3-bed ground-floor flat however within several months they gave notice and moved.

(Current tenant well inside rules).

My question here is having read many times the regulations I still cannot be clear as it states HMO regulations are required for any new tenancy where 3 or more unrelated tenants share a flat with the same bathroom and kitchen, but nothing about existing tenants already under an existing rolling AST.

Can anyone provide definite clarification as I am tearing my hair out

Merry Christmas to all


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12:31 PM, 8th December 2022, About 2 years ago

For holiday lets, serviced accommodation and for ANY other commercial premises, we have an associate company that will produce a claim that even covers claiming for the kitchen sink for you to submit to HMRC. It's just a 3% of the claim charge by them. They do have to visit and take photographs etc and thereby make a very detailed claim. If you email me, I will give you their contact details.

David Houghton

13:07 PM, 8th December 2022, About 2 years ago

If there are 3 unrelated tenants (unmarried couples are considered related) then it's an Hmo. HMOs come in different flavours. For example if you have to knock on the door to enter the building because you let the whole property on a single tenancy (I think that's the case) the the fire brigade are nothing to do with enforcement. Similarly you are not responsible for the council tax. What's your specific problem?

Ian Narbeth

18:17 PM, 8th December 2022, About 2 years ago

Peter, I suggest you obtain professional advice. Check immediately if selective licensing has been introduced to your area. If it has then you will need to be licensed and could be in serious trouble if you are not.


6:53 AM, 9th December 2022, About 2 years ago

There will have been be a date from where all flats with 3 or more unrelated people would have needed to apply for a hmo licence.
You could phone up licenceing, give no specifics mask your number and not mention who you are and ask them a general question about your query.And if you need a licence apply for one at once and avoid hopefully a hefty fine .No need to pull any hair out . I think having a licence and what type of tenancy you give are two separate issues .

Robert M

12:24 PM, 9th December 2022, About 2 years ago

It was a HMO by virtue of the Housing Act 2004 legislation, (section 254), not by any change by a local authority. It makes no difference whether they were on a single joint AST, or on separate ASTs, it was still a HMO.

A HMO property with 5 or more occupants requires a mandatory licence to be issued by the local authority.

There may be other criteria where a licence is required, e.g. selective licencing, or additional licencing, and the areas affected by this are set by the local authority. If it is selective licencing, then you may still require a licence for a family let (nevermind a HMO).

When the first of the three occupants moved out, then the property was no longer a HMO. Did they all move out on the same date?

You should seek professional help with this, perhaps from Phil or Des at Landlord Licencing & Defence, (or another specialist organisation).

David Houghton

14:28 PM, 9th December 2022, About 2 years ago

Reply to the comment left by Robert M at 09/12/2022 - 12:24
Yes and no. It matters if they are on one AST or multiple. If the latter you the landlord retain possession of the common parts. This doesn' matter for licencing but it does matter for the Hmo management regulations. These are implemented through statutory instruments. (SI's) rather than primary legislation through parliament.

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