Resident landlord has 2 tenants- is this an HMO?

[surreyLL]

Hi,

I am confused over the issue of whether a resident landlord with 2 tenants is categorised as HMO.

I currently live in a 3 storey (6 bedroom) house, with my wife and daughter, and 4 tenants. Two tenants share the top floor, and the other two tenants live in rooms on the first floor. Note they have their own washing facilities. My family occupy the ground floor, although we share the kitchen with our tenants, and sleep on the first floor (so we are not self-contained residential landlords).

I understand this falls into the current definition of a House in Multiple Occupation, so I had planned to reduce the number of tenants I have to two, as on the ODPM's website (http://www.odpm.gov.uk/index.asp?id=1163883&cat=100022#acat) it says "a property where the landlord and his household is resident with up to 2 tenants" is not classed as an HMO.

I phoned up the ODPM to confirm this and they pointed out that I could have upto 3 tenants as my family would constitute one unit, and the HMO definition stipulates 5 or more tenants. However my local authority don't agree with this. They said my family counts as 3 persons, and I could only have one tenant (not 2) because I am not a self-contained residential landlord.

I would be very grateful for your help, if you could you clarify whether my house would be an HMO with 2 or 3 tenants, given that I am a resident landlord and share the kitchen with my tenants.

Thanks,

SurreyLL.

[red40]

A landlord and his family are allowed to have two tenants staying in a property you describe.


I phoned up the ODPM to confirm this and they pointed out that I could have upto 3 tenants as my family would constitute one unit, and the HMO definition stipulates 5 or more tenants

There is two issues here one is a HMO definition and the other is HMO licensing. For the purpose of the HMO definition you are permitted to have two lodgers, your family aren't lodgers so aren't included in the HMO definition. Issue two is that HMO definition doesn't stipulate 5 or more tenants, HMO licensing stipulates 5 or more tenants.


However my local authority don't agree with this. They said my family counts as 3 persons, and I could only have one tenant (not 2) because I am not a self-contained residential landlord

And I dont know what the local authority are on about with regards to your family being three persons, for the purposes of licensing that is correct, but as the property would be reduced to your family and two lodgers it cant be classed as a HMO schedule 14 (6), therefore if its not a HMO it isn't licensable. If you have 3 tenants in you are therefore a HMO and all persons would be counted, i.e tenants and you

Self assessment for a HMO definition (http://www.odpm.gov.uk/index.asp?id=1163981) and also this link National HMO networkd (http://www.nationalhmonetwork.com/Web%20pages/Reources%20files/PDF%20files/HMO_LICENSING_PROJECT_PLAN_FINAL.pdf) the definitions are on page 75, Appendix 1.

[susanne]

i thought that "households" were the key, and not people. Your complete family is one household and should not be counted as separate people/tenants.