Landlord living in a HMO

[rigsby_d1111]

I have a three story property and was harrassed a few years ago into being branded a HMO

Since then I have moved in myself and this is my prime residence. As the property is large I rent some rooms out on a weekly casual basis. The council tax people band it as a two floored upstairs flat and a downstairs flat as there are two kitchens in the house (can't be bothered removing one of them)

My question is this: Is it a HMO or is it two flats (no physical barriers or otherwise exist and the house is open and one house other that the council tax banding people saying its not)

If someone wants to come in and scrutinise the situation where do I stand with that? e.g its my home so what rights do these new beaurocrats have to dispute what I am saying

A few months back i found a bloke from the statistics office in the house wandering round taking notes with a clipbard :mad: so told him to **** off as he was trespassing

[red40]

You would have to be a little more specific on the details of the property to give a definitive answer.

However the answer as to whether the building consists of two flats, you would have to satify that the building meets the self-contained flat test, under section 254 of the HA2004.

If the local authority (I take it they are the 'new beaurocrats') wish to gain information from you they can issue a notice requesting you to provide, said information under sec235. If they want to survey or inspect thy can do so under sec239, although one would hope that a landlord would be coopertive from the outset.

[rigsby_d1111]

You would have to be a little more specific on the details of the property to give a definitive answer.

However the answer as to whether the building consists of two flats, you would have to satify that the building meets the self-contained flat test, under section 254 of the HA2004.

If the local authority (I take it they are the 'new beaurocrats') wish to gain information from you they can issue a notice requesting you to provide, said information under sec235. If they want to survey or inspect thy can do so under sec239, although one would hope that a landlord would be coopertive from the outset.

I thought I had been specific in saying that it was banded for council tax purposes as two flats but there was not real segregation into two physical elements as such. I have considered myself a private individual renting out a room or two of my house under the goverments "rent a room" scheme and was sort of wondering where these two worlds met so to speak