Worldlife
31-07-2006, 13:22 PM
The duty to register a House in Multiple Occupation applies to “the responsible person”.
“The responsible person” is defined as “the person having control” or “person managing” the property.
Under Section 398(5) of the Housing Act 1985:- “Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were it let at a rack rent (and for this purpose a ‘rack-rent’ means a rent which is not less than 2/3rds of the full net annual value of the premises).
Under Section 398(6) of the Housing Act 1985:- 5. “Persons managing” (a) means the person who, being an owner or lessee of the premises -
i)receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, or
ii) would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments, and (b) includes, where those rents or other payments are received through another person as agent or trustee, that other person.
What are the possible developments in this situation:-
A large property was let as a furnished AST to two tenants for six months
The initial fixed period of the tenancy has long past
Five rooms are available for letting and one tenant is refusing to pay rent
There is no written tenancy agreement between the tenant and subtenants and no deposits were taken from the subtenants
Must the principal tenant serve a S21 Notice on the sub-tenant on the basis that his occupation is assumed to be an AST. What would be the expiry date of this notice? Would it be two months from issue if the principal tenant could prove six months occupation?
If the principal tenant gave the landlord notice he was ending the tenancy would the owner be able to claim rent until the property was vacated by both himself and subtenants?
What are the responsibilities of the owner and the principal tenant in relation to this being an unregistered House in Multiple Occupation
Would the local authority be forced into taking over management to protect the rights of the sub-tenants
Presumably the legislation must be orientated to prevent landlords creating Houses in Multiple Occupation by hiding behind third parties.
In this case it seems that the property was let as a large dwelling and it is the holder of the AST that has caused the property to become a House in Multiple Occupation.
See also LandlordZONE - Houses in Multiple Occupation (http://www.landlordzone.co.uk/HMOs1.htm)
“The responsible person” is defined as “the person having control” or “person managing” the property.
Under Section 398(5) of the Housing Act 1985:- “Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were it let at a rack rent (and for this purpose a ‘rack-rent’ means a rent which is not less than 2/3rds of the full net annual value of the premises).
Under Section 398(6) of the Housing Act 1985:- 5. “Persons managing” (a) means the person who, being an owner or lessee of the premises -
i)receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, or
ii) would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments, and (b) includes, where those rents or other payments are received through another person as agent or trustee, that other person.
What are the possible developments in this situation:-
A large property was let as a furnished AST to two tenants for six months
The initial fixed period of the tenancy has long past
Five rooms are available for letting and one tenant is refusing to pay rent
There is no written tenancy agreement between the tenant and subtenants and no deposits were taken from the subtenants
Must the principal tenant serve a S21 Notice on the sub-tenant on the basis that his occupation is assumed to be an AST. What would be the expiry date of this notice? Would it be two months from issue if the principal tenant could prove six months occupation?
If the principal tenant gave the landlord notice he was ending the tenancy would the owner be able to claim rent until the property was vacated by both himself and subtenants?
What are the responsibilities of the owner and the principal tenant in relation to this being an unregistered House in Multiple Occupation
Would the local authority be forced into taking over management to protect the rights of the sub-tenants
Presumably the legislation must be orientated to prevent landlords creating Houses in Multiple Occupation by hiding behind third parties.
In this case it seems that the property was let as a large dwelling and it is the holder of the AST that has caused the property to become a House in Multiple Occupation.
See also LandlordZONE - Houses in Multiple Occupation (http://www.landlordzone.co.uk/HMOs1.htm)