House let to five people- is it an HMO?

[Harvey0767]

We are due to take over a large detached house from an insolvent agent and the agreement is done in the 5 names of the tenants. Does that make it an HMO?
Thanks.

[remyrobson]

It is a HMO if they are unrelated and sharing communal space. Whether it is a licensable HMO depends on whether it is more than 3 storeys of living accommodation. Correct me if I'm wrong people, this is my understanding of the system.

[Harvey0767]

5 bedroom detached 3 storey property (standard house) with 5 non related adult sharers??
Thanks

[soon2retire]

Yes, it is definitely an HMO, even if you lived in the property as landlord. Furthermore, with five residents and three storeys high it also requires Mandatory licensing.

[jeffrey]

Depends on whether one means an HMO within Housing Law or Planing Law.

[soon2retire]

Depends on whether one means an HMO within Housing Law or Planing Law.

Thank you, Jeffrey. I thought I had finally understood HMOs but you have confused me now. Briefly, what is the difference between the two?

[jeffrey]

Thank you, Jeffrey. I thought I had finally understood HMOs but you have confused me now. Briefly, what is the difference between the two?
This is class C3 of the Town and Country Planning (Use Classes) Order:

Dwellinghouses
Use as a dwellinghouse (whether or not as a sole or main residence):
(a) by a single person or by people living together as a family, or
(b) by not more than 6 residents living together as a single household (including a household where care is provided for residents).

The Housing Act 2004 has an entirely different definition (in its s.254-259)! See http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Housing+Act&Year=2004&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=977975&ActiveTextDocId=978336&filesize=37619

[mind the gap]

Depends on whether one means an HMO within Housing Law or Planing Law.


How does 'Planing Law' work then, Jeffrey?

How much would OP have to plane off his property to be on the safe side? :D

[jeffrey]

Planing Law is obviously to do with blue-sky thinking. It might be horizontal or vertical.

[soon2retire]

This is class C3 of the Town and Country Planning (Use Classes) Order:

Dwellinghouses
Use as a dwellinghouse (whether or not as a sole or main residence):
(a) by a single person or by people living together as a family, or
(b) by not more than 6 residents living together as a single household (including a household where care is provided for residents).



So, according to (a) above, use as a dwellinghouse by a single person is an House of Multiple Occupancy under the Town and Country Planning?

I'll have to go back to school and learn to count and the difference between singular and plural!!

[jeffrey]

So, according to (a) above, use as a dwellinghouse by a single person is an House of Multiple Occupancy under the Town and Country Planning?

I'll have to go back to school and learn to count and the difference between singular and plural!!
No, don't. Class C3 defines Housing use. Class C3(b) shows the limit of what is not an 'HMO' in planning terms.