Is it an HMO if landlord is resident?

[mollysbb]

Right, Im sure this sounds daft, but if I buy a huge house and live in it, but rent out rooms, so the tenants are sharing facilities, does this constitute an hmo?
Cheers
Molly

[attilathelandlord]

landlord plus 2 lodgers = no HMO

landlord plus more than 2 lodgers = HMO

[jeffrey]

Are you sure? If L is resident, and lodgers are therefore not separate-unit occupiers, is it not then still a single household?

[attilathelandlord]

Yes I am sure.

[masnowdrop13@hotmail]

If I rent out 3 rooms to lodgers (one room en-suite) and my son stays in the property do I need an HMO? I live in Scotland

[jeffrey]

If I rent out 3 rooms to lodgers (one room en-suite) and my son stays in the property do I need an HMO? I live in Scotland
Warning: Scottish law is different from E&W where most LZ members are.

[Matthew Moody]

I agree with Jeffrey - the Scottish Law requires all landlords to register before renting out rooms - whether you are resident or not.

Also, Attila is correct regarding the live-in situation - as soon as you hit 2 or more in a HMO, then it is classified as a HMO per the normal regulations - 2 or more unrelated households is a HMO.

Obviously if you have a HMO with 3 or 4 in then the health and safety regulations are less, but you will still have to adhere to them.

The only way I have heard of a landlord going around this is where the entire house lives as a household - ie they cook together, walk the dog, breakfast is provided etc. But I wouldn't rely on it as the councils are tightening up where they can.

regards
Matthew