One Property two related families – HMO?

by Readers Question

12:02 AM, 4th September 2023, 3 years ago 16

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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

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Tags: HMO, multi family property, property sharing, two related families in HMO

Comments

Martin Hicks

Member Since June 2023 - Comments: 65

3:05 PM, 4th September 2023, About 3 years ago

I would also suggest that if you do accept these families that you check their legal residence and keep in regular contact or otherwise to check that ‘family’ members do not change, especially if someone without legal residence moves in. You could then be liable to prosecution. The greater the numbers the greater the difficulty of ensuring things don’t ‘drift’.

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Simon F

Member Since October 2020 - Comments: 199

3:26 PM, 4th September 2023, About 3 years ago

Reply to the comment left by Seething Landlord at 04/09/2023 – 12:02
Overcrowding in PRS is covered by Housing Act 1985. There’s a LACORS guide on Overcrowding the council EHO would reference. The order would be to reduce occupancy, but same as any other Environmental Health issue, landlord could find themselves expected to pay for hotel for those moved out for remainder of tenancy term. It’s not a huge risk, but for me, I would check space standards if asked to accommodate a large household in a smaller house.

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Seething Landlord

Member Since January 2020 - Comments: 1102 - Articles: 1

3:48 PM, 4th September 2023, About 3 years ago

Reply to the comment left by Simon F at 04/09/2023 – 15:26Thanks. Useful guide here as well: https://england.shelter.org.uk/professional_resources/legal/housing_conditions/overcrowding#title-6

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Fergus Wilson

Member Since September 2023 - Comments: 31

4:11 PM, 4th September 2023, About 3 years ago

Reply to the comment left by Seething Landlord at 04/09/2023 – 15:48
Nothing more I can usefully add.

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DPT

Member Since October 2020 - Comments: 1180

5:44 PM, 4th September 2023, About 3 years ago

As said, this would not be an HMO if the 2 families are related. Overcrowding rules would apply so make sure it isn’t overcrowded.

I would also want a signed statement from each occupant stating their precise familial relationship to somebody else in the house. This is to protect you from later claims that you knew they weren’t related.

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Southern Boyuk

Member Since August 2023 - Comments: 94

7:23 AM, 5th September 2023, About 3 years ago

Thats a full house, I hope you have good ventilation fans to prevent mould and condensation.

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