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View Full Version : Has my flat turned into an HMO?



andydarlo
14-05-2011, 18:08 PM
Hi,

This is my first post so I would be grateful for any advice people can offer.

I have rented the same flat since Jan 2007, initially as a joint tenancy, for a period of time on my own and now currently in a joint arrangement with a lady (lets call her Mary) who responded to an advert on SpareRoom. She has a partner who lives here in all but name (i.e. his mail goes to a friends address and he refuses to be recognised on i.e. the census as living here).

Around 8 weeks ago my new partner moved in with me to live.

Mary and her partner have explained to me that they were asked to leave their last property as the landlord had an issue with the number of people there (6, i think) and had to reduce the number in order to comply with some regulations. She is concerned that the same thing could happen with me as we have officially have 3 people in a 2-bed flat sharing 1 bathroom, plus her unofficial partner.

My newly acquired understanding of the area of HMOs is that my property is classed as an HMO as it has more than 2 people from more than 1 household. It is not however a Mandatory registration HMO as it has <5 beds and <3 storeys. It is not in a special area of registration by my local council either.

The joint lease Mary & I have states that we can both live here with family.

I have not yet informed my landlord that my partner has moved in. My partner is unemployed and claiming JSA using our address.

I would appreciate any advice on whether our current situation is one where I should be concerned about the local council placing extra obligations on my landlord or raising other concerns, or whether a couple and an individual living in a 2 bed flat is all OK and no-one will bother about anything?

Any help appreciated.

Andrew

red40
06-06-2011, 12:50 PM
Yes, you have created a HMO.

It would have implications on your landlord if anybody from your local authority turned up or there was some type of incident. Although I am pretty sure your landlord wont be to happy.

Snorkerz
06-06-2011, 12:55 PM
Yes, 2 households living in one property does make it a HMO, and although it may not be licensable, it will still have to be up to certain mandatory health and safety related issues, which there is a good chance it doesn't (does it have a mains powered fire alarm system?).

So, yes you should be concerned. If you fail to tell your landlord, his insurance is probably invalid with the current occupants putting both you and him at physical and financial risk.