Flats over shops

[Bel]

If a flat is over a shop (separate access) does this affect HMO status or do any other regs apply?

[Poppy]

How many people live in the flat? How many storeys does the building have?

[Bel]

Shops ground floor
Empty flat second floor
A couple live on the third floor at the moment
The building was converted several decades ago from old commercial premesis

[red40]

Certainly the Housing Health and Safety rating system would apply automatically. As would the RRO for the business on the ground floor.

What is the first floor used for?

[Bel]

The property in question belongs to someone else.

The first floor, a flat, is empty, for now.

I realise the couple are not 'multiple occupancy' per se, being only 2 of them.
But something I read somewhere a while back concerning commercial (shops) with residential in a converted buidling, was more complicated. Also the fact it has three floors.

I would appreciate any comment.

[red40]

The first floor, a flat, is empty, for now.

I realise the couple are not 'multiple occupancy' per se, being only 2 of them.

As the property stands now it would not be classed as a HMO, schedule 14 allows buildings not defined as a HMO where there are only 2 persons in 2 households. At present you have two persons (the couple) in 1 household, once somebody moves into the flat below, for arguments sake a single lady, it would become a HMO by definition as there would be 3 persons in two households. Therefore schedule 14 wouldn't apply.




But something I read somewhere a while back concerning commercial (shops) with residential in a converted buidling, was more complicated. Also the fact it has three floors.

I would appreciate any comment.

Refers to licensing of certain HMO's, statutory instrument 371

[Bel]

With grateful thanks for your help.