What classes as an HMO?

[aman]

HI,

I need some help please.

I have a couple (husband and wife) staying in my 3 bed house. I have a Tenancy agreement with them. However I have now found out that he allows his friend to stay at the house according to him FREE OF CHARGE, No board is being charged. He does this because the 2 friends who are partners are not so stable and the female is ill and does not work? The couple who I have a agreement with has assured me that he does not charge rent in any method at all but are friends with them and actually at time looks after the female who is ill as she does not have a job or much money.

Is the above still classed as HMO?

Please guide me on this someone.

Much appreciated.

Aman

[mind the gap]

It is an HMO in that two unrelated households live there - (i)the couple + (ii)the friend - but it is very unlikely to be a licensable HMO. (You could check with your local council if it would put your mind at rest).

In the circumstances and assuming the couple are continuing to pay the rent, I would not worry. It sounds as though he is helping them to keep things going.

Why do you think it might be a problem?

[aman]

Hi There

Thanks for responding.

I'm asking because the local council guy has been on to me and he says that Although they are not paying in anyway but because they are living there this is a HMO and Fire Safety processes must be put in to place.

I don’t understand why the tenant cannot have a friend he is helping staying there?
Have I got any leg to stand on against the council guy?

Many Thanks

Aman

[mind the gap]

Hi There

Thanks for responding.

I'm asking because the local council guy has been on to me and he says that Although they are not paying in anyway but because they are living there this is a HMO and Fire Safety processes must be put in to place.

I don’t understand why the tenant cannot have a friend he is helping staying there?
Have I got any leg to stand on against the council guy?

Many Thanks

Aman

I see. It doesn't really matter what the friend is doing or whether or not he is contributing to the rent, etc. What the council are concerned about is that you have two different 'households' living in the property and (in theory if not in practice, in your case) that makes it more of a fire risk than if it were just one family. Unless the friend is a short-term guest whose main residence is somewhere else, then he is classed as an occupant just like your Ts.

The fire safety measures are certainly beneficial and would be worth putting in anyway, especially if one of your tenants is disabled/ill.

Ask the fire safety officer at the council what would need doing.

If you carried out the changes (I'm guessing fire doors and smoke alarms, but I don't know), then you could have the option, subject to local planning, of renting your property to three young professionals in future, not just to one family. (Three unrelated sharers generally pay more rent in total).