Tenants have created HMO and now council insist on licence?

Tenants have created HMO and now council insist on licence?

9:49 AM, 9th November 2015, About 7 years ago 5

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My property is in an area of additional HMO licencing therefore requires a licence for 3 sharers or more. I let my house to two people on a 12 month AST. They have moved in two more, the council know this now and say they require a licence. The tenants are in breach of their AST, so I thought that I could use a section 8 notice, ground 12, however, I have only been given two weeks to get the HMO licence which I do not want to do. Also I have read in an online government document that I cannot evict the tenants because of this!Tenant leaving before notice period expires

I do not know if I can get a temporary exemption notice whilst I try to sort this out as my council state that “Temporary Exemption may be granted only if the building is to be altered to remove it from a licensing category”.

It seems unfair to me that I have been put in this situation against my will and yet can’t do anything to aid my situation!

Does anyone have any advice?

Many thanks in advance.



Neil Patterson View Profile

9:54 AM, 9th November 2015, About 7 years ago

Hi Clem,

I suggest one of the things you do is seek guidance from our eviction specialists >> http://evicting-tenants.net/

Kevin Kilkenny

11:57 AM, 9th November 2015, About 7 years ago

Tenant's that sublet. A pain in the r's that I know all too well.

If I were in your position, I'd seek further clarification from all parties.

First, there is a difference between people and households. I take it that the original two are a household (husband/wife, partners etc). Are the two new tenant's a household? If they are or a willing to be viewed as that then 2 households a HMO does not make!! SOLVED.

Secondly, seek written clarification from the LA what defines household's and HMO's. Create a paper chain of delay and confusion while you try and sort this out. Personally, I wouldn't pay them a penny and let them take me to court to explain how this came about. Being calm and rational with physical comm's is the way forward. Prove that you are reasonable and willing to resolve this.

thirdly, did your AST tenants inform you of these new tenant's before or after 14 days of them moving in and what checks did they perform (criminal records, CCJ's etc). They have to do so, even if not stated in their agreement, and if not more ammunition.

Mr Narbeth's comments cover my other thoughts.

But the approach I would take is talk to the tenants, make them aware of what they have created and how in the long term it will affect them. Suggest that the four are two households which, if they are willing, you will need written confirmation from them. At the same time, take the legal route privately (as Mr Patterson advises) and with the LA pursuing you.

Be firm and reasonable with the tenant's and steer them to a mutually beneficial end. Otherwise, use all at hand to press it home!1

Good luck.


Michael Barnes

0:14 AM, 11th November 2015, About 7 years ago

Reply to the comment left by "Kevin " at "09/11/2015 - 11:57":

My understanding is 3 or more people in 2 or more households makes it a HMO.

Mike W

19:22 PM, 16th November 2015, About 7 years ago

So as far as you are concerned 2 people moved in. Then these 2 tenants moved another 2 in without your agreement and contrary to the lease. They broke the lease not you. How did the council find out? Did you tell them? Or is the council working in cohoots with the illegal tenants? How can it be your responsibility? Did you at any time agree to the arrangement? I would ignore the council and ask them to explain how an illegal occupation of your property can create an HMO? I would be interested in their reply. Proceed with eviction. You have an excellent case. By the tenants illegal act they have created the HMO.. Tell the council that you expect them to assist you in terminating the illegal HMO.

Michael Barnes

22:05 PM, 16th November 2015, About 7 years ago

Seems to me there might be a case for ground 14, which allows court action to begin immediately.
But you would need legal advice on this.

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