HMO licence tenants say they are related – Cousins?
5 years ago | 5 comments
One Property two related families – HMO?
12:02 AM, 4th September 2023, 3 years ago
16
Hi everyone, I need some advice, please. I am in search of new tenants for a 3-bed house and have been approached by a tenant who says they are looking for a property for two related families. They have two brothers, their wives, and 2 small children.
I am aware that the definition of HMO is: At least 3 tenants live there, forming more than 1 household. You share a toilet, bathroom or kitchen facilities with other tenants
Since there will be 6 people in total it would actually be a large HMO as defined on the government website:
At least 5 tenants live there, forming more than 1 household. You share a toilet, bathroom or kitchen facilities with other tenants.
However, considering that the two families have two brothers they are all related. The wives are sisters-in-law and the children are cousins. Would they count as a single household and can they be all on a single shorthold assured tenancy agreement?
According to gov.uk, “A household is either a single person or members of the same family who live together. A family includes people who are: Married or living together – including people in same-sex relationships, relatives or half-relatives, for example, grandparents, aunts, uncles, siblings, step-parents and step-children.
The two brothers and their children seem to fall under the definition of a single household, but what about sisters in law?
Thanks,
Balla
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
or
Previous Article
Social housing could be at risk of crumbling aerated concreteNext Article
Tenant caused Fire - Can I sue for damages?Related Articles
Single occupancy AST installs wife and 2 children?
3 years ago | 23 comments
Helping a family member and tenant?
5 years ago | 4 comments
Member Since June 2023 - Comments: 65
9:58 AM, 4th September 2023, About 3 years ago
I would suggest contacting the relevant council and obtaining confirmation – in writing if they are agreeable. Also require definite proofs of the tenants relationship.
Member Since September 2023 - Comments: 31
9:59 AM, 4th September 2023, About 3 years ago
Hi,
If two brothers take a house then move in their wives and children they are one household.
Fergus Wilson
Member Since October 2020 - Comments: 199
10:18 AM, 4th September 2023, About 3 years ago
It’s defensible to say it’s a single household, but you need to check also that you would not be over-crowding. Assuming it’s two-storey, is the total internal floor area at least 102m2 for 6bedplaces (Area is stated on your EPC). Are both the rooms where two adults will sleep over 10.22m2 ? Is the room for the children at least 6.51m2 ? If there are lots of people going in/out, esp if foreign nationals, neighbours might complain assuming HMO, and council won’t like the arrangement. You can get a signed statement from tenants that they live as a single household, but council could charge you with over-crowding if it doesn’t meet minimum space standards.
Member Since January 2020 - Comments: 1102 - Articles: 1
10:42 AM, 4th September 2023, About 3 years ago
Reply to the comment left by Simon F at 04/09/2023 – 10:18
Do the minimum space standards apply if it is not a HMO?
Member Since April 2023 - Comments: 88
10:47 AM, 4th September 2023, About 3 years ago
Reply to the comment left by Fergus Wilson at 04/09/2023 – 09:59
Unfortunately although that might appear to be the case, it would not necessarily be viewed by the local authority as such.
It is therefore essential that the landlord contacts the relevant local authority as has been suggested by others, for the local authority to confirm in writing, if these occupants would be two separate households ( HMO) or a single household.
Member Since October 2020 - Comments: 199
10:50 AM, 4th September 2023, About 3 years ago
Reply to the comment left by Seething Landlord at 04/09/2023 – 10:42
The minimum space standards used for HMOs come from the Planning/Building Standards, it’s not HMO specific. With a single household, the overall space will weigh more heavily than room sizes, but certainly if you let an 80m2 house to a family of 8 all over the age of ten, I’d expect environmental health to take action if the house is not owner-occupied.
Member Since April 2017 - Comments: 163 - Articles: 1
10:55 AM, 4th September 2023, About 3 years ago
Fergus Wilson is correct, it is simple, they are related so one family. I have such in a property, so not an HMO
Member Since March 2023 - Comments: 144
11:24 AM, 4th September 2023, About 3 years ago
It isn’t an HMO and minimum space standards don’t apply.
I’d expect more repairs and maintenance therefore rent would reflect the additional costs.
Member Since January 2020 - Comments: 1102 - Articles: 1
12:02 PM, 4th September 2023, About 3 years ago
Reply to the comment left by Simon F at 04/09/2023 – 10:50
What action would they be able to take?
Member Since July 2020 - Comments: 5 - Articles: 3
1:36 PM, 4th September 2023, About 3 years ago
Section 258 3(c) states
For the purposes of subsection (2)(a) a person is a member of the same family as
another person if—
(c) one of them is, or is a relative of, one member of a couple and the other is a
relative of the other member of the couple.
Therefore it’s not an HMO