Do I have an HMO??

[sweetcharity]

I have conflicting opinions on this so perhaps you can help?

I am just coming to the end of converting my 3 storey victorian house into 3 luxury apartments. The top two flats will both have two double bedrooms and one bathroom plus ensuite to the master bedroom. The Ground floor is really big and has 3 double bedrooms of which 2 have ensuites plus there is a large family bathroom.

We intend to put all 3 flats in the hand of a letting agent with the instruction that the tenants must be in full time employment however, if the groundfloor flat gets let out to (for example) three nurses from the nearby hospital, would that then make it an HMO? As we have based the conversion on develping luxury flats, we hadn't considered it being an HMO and therefore haven't developed it with the additional saftey regulations in mind.

Obviously it it gets rented out to a family or couple then it won't be an HMO but should we get it inspected and registered as one to cover ourselves?

[red40]

Yes you have a HMO by definition for the building as a whole.

If you let to three nurses you would have again by definition, a HMO (the flat) within a HMO (the building).

If you let the entire building out to a single family or couple it wouldn't be a HMO.

I would have thought that it would have been better to notify your local authorities building control, if applicable, about a possible conversion. If you'd done that, it wouldn't have been a HMO if they got involved.

But saying that nothing excludes you from Part 1 of the Housing Act 2004.

[sweetcharity]

I think I may have confused you. The buildingcomprises 3 self contained flats all individually registered as individual properties. We could not rent the whole house as they are separate properties with separate front doors etc. The planning permission for change of use and conversion was granted in February this year. As this conversion took place with building regs after 1991 the whole house doesn't fall under the HMO rule. We know that the top two are not HMOs it is only the ground floor which could possibly meet the criteria but only if it is occupied by 3 or more unrelated individuals. The other two can only occupy a max of two unrealted individuals so isn't a concern. We phone the council who said they couldn;t do anything until such time as the flats were actually occupied. To be honest I don't think the council know for sure

[red40]

Gotcha, as the whole property had the necessary planning and building control approval then it wouldn't be a HMO as defined by sec257, HA 2004. Although you should be mindful of sec257(5) for a single flat.

[sweetcharity]

Cheers Red! I think I'm finally getting the hang of this HMO thing!