Student housing supply threatened by ban of fixed-term tenancies
2 years ago | 1 comments
Is my licenced shared student house a single private dwelling?
9:11 AM, 19th January 2024, 2 years ago
12
Hello, Portsmouth City Council are trying the tell me the Regulatory Reform (Fire Safety) Order 2005 (FSO) applies to a shared house (a small HMO let out whole) on a Joint Tenancy.
Of course, in HMOs with rooms let individually, the unlet common parts are subject to FSO as those areas are managed by the landlord and are construed as being a place of business.
With the whole of the property legally in the possession of the tenants with a joint let, I only have a right of entry to do what is defined in HMO Management Regulations.
The FSO scope excludes “single private dwelling” so this hinges on whether or not a small HMO (2 storey, 5-bed) let out whole (to students) on a joint tenancy is or is not a “single private dwelling”.
Any tribunal precedents anyone knows of on this would be helpful.
Thanks,
S
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Can another leaseholder serve me a Section 20?
Member Since December 2021 - Comments: 18
10:56 AM, 22nd January 2024, About 2 years ago
Reply to the comment left by Si BB at 22/01/2024 – 10:37
Right, that was a 5 minute excursion to refresh my memory.
The 2021 Act changes the 2005 FSO to cover multiple “domestic premises” (2 or more).
– So living as a “single household” in a house configured as a single domestic premise is *outside* of this these acts (2005 FSO, 2021 FSA and 2022 tall buildings).
I.e. the physical configuration of the property + the tenancy itself is needed to keep to the single domestic premise/dwelling model.
So why this change in the 2021 FSA? This is to cover the “other” definition of a HMO -> Houses split into flats (an example).
– The change is there so these properties converted to multiple dwellings/domestic premises have decent fire protection design.
Member Since October 2020 - Comments: 1173
12:41 PM, 23rd January 2024, About 2 years ago
Reply to the comment left by Si BB at 22/01/2024 – 10:56
Sorry, I quoted the wrong Act. I think its the Building Safety Act 2022 s156.