Private address required for HMO Licence!

by Readers Question

19:08 PM, 3rd June 2014
About 5 years ago

Private address required for HMO Licence!

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Private address required for HMO Licence!

I’m applying for a HMO licence and the council officer is insisting we give our private residence address but I’m not happy to give this information. I’m not comfortable with my tenants knowing where I live. Private address required for HMO Licence

I have given my office address but he says this is not acceptable.

Does anyone know the law on this?

Thanks

John



Comments

Mark Alexander

19:10 PM, 3rd June 2014
About 5 years ago

Hi John

I'm prepared to be corrected but I don't think you have a choice, to get an HMO licence you must provide your private address. If you don't then you wont get a licence and you will be breaking the law if you run a HMO.

I have just tweeted the following and will let you know if I get any answers.


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Michael Edwards

19:52 PM, 3rd June 2014
About 5 years ago

S48 Landlord & Tenant, 1987 simples

Mark Alexander

19:58 PM, 3rd June 2014
About 5 years ago

Ah, that was my first thought but s48 doesn't say "private address" - it says:-

" 48 - Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

(3)Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant."
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Michael Edwards

20:19 PM, 3rd June 2014
About 5 years ago

Mark it starts off by saying http://www.legislation.gov.uk/ukpga/1987/31/part/VI. I don't really understand why Landlords wish to conceal their address, they are entering into a contract with someone on an equal basis. Why would any individual normally enter into agreement when they don't know who they are and where they live? I also think the Court would take a dim view if the Landlord had not included his address in the Tenancy Agreement as required by law and the Landlord would in fact disadvantage himself by adopting this position. What is he trying to hide?

Mark Alexander

20:36 PM, 3rd June 2014
About 5 years ago

Reply to the comment left by "Michael Edwards" at "03/06/2014 - 20:19":

That was the text I referenced. I am not disagreeing with you, neither am I agreeing. I'm simply playing devils advocate as it's not clear. Where does it say PRIVATE address? It implies that it could be a registered office address for example.
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Michael Edwards

20:39 PM, 3rd June 2014
About 5 years ago

Perhaps this might help as to the Court's attitude in the recent past: http://www.pims.co.uk/Landlord-address-Section-47

andrew townshend

20:43 PM, 3rd June 2014
About 5 years ago

it boils down to my comments regarding agents and ltd companies- we all need to know who we are dealing with, names and home addresses.

Chris Amis

20:54 PM, 3rd June 2014
About 5 years ago

I see this as one of the biggest risks in HMOs. Councils are keen to place ex-offenders and people with mental heath issues in the community often in HMOs, but the govt insists that the home address is disclosed.

Like it or not some of these people are not fully rational even without their drug of choice.

Will it need a LL and whole family cooked in a arson attack to change the law?

The MPs voted to make their addresses secret after all.

andrew townshend

21:08 PM, 3rd June 2014
About 5 years ago

Reply to the comment left by "Chris Amis" at "03/06/2014 - 20:54":

chris just do not accept these kind of people, our properties, our choice of tenant, council can go do the other thing.

HMOLandlady

21:16 PM, 3rd June 2014
About 5 years ago

From what I remember, the private address is only used for correspondence between the landlord and the council for the purposes of a licence and doesn't appear on the end certificate. I use a virtual address on all my ASTs as I live too close to the HMOs, but communicate with the council via my home address. Perhaps ask to see a sample certificate?

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