0:01 AM, 25th April 2025, About 9 months ago 5
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I own an HMO with 10 bedrooms. Each bedroom has a shower and toilet, and recreation and kitchen areas are shared.
Above the HMO there is a 2 bed flat converted within the attic some 30 years ago. The flat has a separate entrance into the building and a separate entrance to the flat itself inside the building. The 2-bed flat is not part of the HMO licence.
The local authority are suggesting that it should come within the main HMO as the tenants in the flat could “in theory” use the shared facilities. The flat tenants have their own self contained facilities, and the tenancy agreement does not allow them to use the shared facilities of the HMO.
Any feedback on the validity of the local authorities’ claim would be appreciated.
Housing Act 2004b UK Public General Acts2004 c. 34Part 7Meaning of “house in…Section 257 >> https://www.legislation.gov.uk/ukpga/2004/34/section/257
RW
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Member Since February 2023 - Comments: 39
10:52 AM, 25th April 2025, About 9 months ago
I have a similar situation, HMO rooms Grd – 2nd floor. Bst has 2 self contained 1 bed flats, no access to the above . The mandatory licence has always covered the whole building bst – 2nd.
That said, I’m not completely sure if this is correct or necessary. For us this has historically been the set up since the beginning.
Simon Williams
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Member Since July 2016 - Comments: 150
11:17 AM, 25th April 2025, About 9 months ago
In my view the licence should never cover units which do not themselves meet the HMO definition. I have a loft converted studio above an HMO in the City of Cambridge and the studio has never been part of the licence. Cambridge CC are a highly experienced HMO authority. The law is not concerned with what your 2 bed flat tenants might theoretically do, but instead with the actual definition of an HMO.
Crouchender
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Member Since January 2023 - Comments: 308
8:33 AM, 26th April 2025, About 9 months ago
S257 is very complicated and misinterpreted by councils regularly. Each council has different S257 rules. But normally applies ONLY to communal shared areas only ie the building NOT the flat internally so if it has no communal hallway then not required. I.e. I would challenge it is the first place as they have to prove he flat was not to1992 building regs and lack of cert is not good enough for them to pursue you. I assume you already have a £1000+ HMO licence and so another £1000+ for a S257 is OTT.
DPT
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Member Since October 2020 - Comments: 1088
17:31 PM, 26th April 2025, About 9 months ago
If the occupants of the loft flat have access to the HMO space, then it should come within it. The alternative may be an additional S257 HMO licence for the building.
Simon F
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Member Since October 2020 - Comments: 190
15:00 PM, 29th April 2025, About 9 months ago
What really matters for licencing is fire-separation and fire escape standards introduced with Building Regs.
If the conversion was 30 years ago, that is, mid-90s, Building Regs were in force by then and it does NOT fall within the definition of a section 257 HMO.
But if the conversion was prior to 1/6/1992 then it is a Section 257 HMO.
The “in theory” argument of the council officer is of no relevance; the date of the flat conversion is the determinant factor.
If there is no record in Planning for the flat conversion and the whole gets a single council tax bill, it might be advisable though to register the whole as a single HMO, as you wouldn’t win a Tribunal case unless the Planning record in particular supports your position.