Can my freeholder stop me from letting as an HMO?

[vicky p]

Hi all,

I am looking to purchase a great little flat which will be an ideal HMO. The lease allows the lessee to let the flat out but when the freeholder was queried, by my solicitor, specifically about letting out as an HMO they have stated I can't do this.

Do you think I should thus take it as read that I can't let it out as an HMO?

Any help much appreciated.

Thanks,
Vicky.

[hollyhead]

It depends what the lease says,
If it says in the lease not to sublet part only of the flat that means that you can't rent out as an HMO,
But there may be ways around this,and I'm not sure I can advise you!
I'm a freeholder and I know I wouldn't like it at all.for starters it would be a nightmare to find buildings insurance,normally as soon as you get into hmo territory it all becomes so much more "rules and regulations"
How many bedrooms does it have?

[mind the gap]

when the freeholder was queried, by my solicitor, specifically about letting out as an HMO they have stated I can't do this.

Do you think I should thus take it as read that I can't let it out as an HMO?



Do you mean a non-licensable HMO or a licensable HMO?

The thinking behind the prohibition on HMOs in your flat (if it is the case - worth asking to see where it says it in writing):

Leasehold properties being sublet by their leaseholders are always going to be higher risk for the freeholder than the same property being owner occupied, and the risk increases with the youth of the tenants, and the absence of any family/conjugal bond between them. More than two unrelated sharers make an HMO...it tends to be students, young professionals (or gangs of builders) who live like this...there is a perception that they tend to be noisier and less considerate than related sharers (e.g. a family) and they can be more of a safety/fire hazard (because it is reasoned that the occupants lack the interest in each other's survival that a family would have).

[Rodent1]

Hi all,

I am looking to purchase a great little flat which will be an ideal HMO. The lease allows the lessee to let the flat out but when the freeholder was queried, by my solicitor, specifically about letting out as an HMO they have stated I can't do this.

Do you think I should thus take it as read that I can't let it out as an HMO?

Any help much appreciated.

Thanks,
Vicky.

More info required:
How many bedrooms in the flat ?
How many people are you thinking of letting it to ?
How many leases are you wanting to set up on flat ?

More than 2 people unrelated makes it an HMO, but 3 friends sharing is probably better than a family of 8 moving in (which wouldn't be an HMO) !

confused ...we havent got started yet !!

HMO is a much misunderstood term, as pointed out by MTG above.

Pls answer the above q's for more advice.