Corporate let - who HMO's

[Tibula]

I have a flat which is on two stories which is over a shop. I let it to a company which runs an activity centre and they put their instructors up here. The lease is between me as LL and the company and not with the individuals who stay there. I do not know or have control over how many stay there - however it ranges from 4 - 7 depending on season.

I have two questions -

1/ should I as LL HMO the premises or should the company leasing the property be responsible.

2/ I have been told that if I let the property on a long lease of more than 3 years the tenant is responsible for HMO'ing the property - however I cannot find anything that supports this in my reasearch.

I will talk to the council anyway - but wondered if anyone had any experience or thoughts on this...?

Thankyou

[jeffrey]

I have a flat which is on two stories which is over a shop. I let it to a company which runs an activity centre and they put their instructors up here. The lease is between me as LL and the company and not with the individuals who stay there. I do not know or have control over how many stay there - however it ranges from 4 - 7 depending on season.

I have two questions -

1/ should I as LL HMO the premises or should the company leasing the property be responsible.

2/ I have been told that if I let the property on a long lease of more than 3 years the tenant is responsible for HMO'ing the property - however I cannot find anything that supports this in my reasearch.

I will talk to the council anyway - but wondered if anyone had any experience or thoughts on this...?

Thankyou

Well, on point 2, a long lease shunts quite a lot of responsibility onto T.

Reading Housing Act 2004 carefully, one sees that HMO licensing (s.61 onwards) is property based. The poperty must be licensed, not the person.

S.263 defines "person having control". I guess that that's who submits the registration application.