Are my flats an HMO

[Miked]

I own a one bedroom flat and a two bedroom flat in a converted 4 storey Victorian terraced house. In total there are four self-contained flats in the house which was converted in 1976.

None of the four flats is ever let to more than two people. The maximum number of tenants living in the house could therefore be 8, but is currently 6. There are no owner occupiers living in the house.

The owners of the other two flats in the house are unrelated to me.

I understood that under the new Housing Act my flats were not classed as HMOs and were not subject to mandatory licencing by virtue of the fact that my flats comprised a 'two person flatshare; a property, or part of a property, lived in by no more than two ‘households’ each of which consists of just one person’.

Is this a correct conclusion or does the fact that the property is on four storeys, and does not comply with the latest building regulations and could be(generally is) occupied in total by more than 5 people mean that it is a licensable HMO?

Any advice (without obligation or any liability) would be greatly appreciated.

Mike

[jeffrey]

Fifth paragraph correct: see para. 7 in Schedule 14 to Housing Act 2004, from which part of your quotation originates.

[Miked]

Hi Jeffrey

Many thanks for your reply.

Forgive me but for the avoidance of doubt, are you saying that my flats are not HMOs by virtue of the exemption conferred by para.7 of schedule 14 of the Housing Act?

Regards

Mike

[jeffrey]

Hi Jeffrey

Many thanks for your reply.

Forgive me but for the avoidance of doubt, are you saying that my flats are not HMOs by virtue of the exemption conferred by para.7 of schedule 14 of the Housing Act?

Regards

Mike

Yes, in effect.
Schedule 14 speaks of "Buildings which are not HMOs" and "Buildings occupied by two persons".
However, as its para. 1(2) defines "building" as including part of a building, each two-occupant flat is not an HMO except for purposes of Act's Part I (housing conditions and enforcement of housing standards by service of notices etc.- they might be HMOs for those purposes, even if not in respect of licensing purposes).

[Miked]

Many thanks

[red40]

Because the property is in self contained flats it will be exempt from mandatory licensing. By definition the property as a whole still constitutes a HMO.

[Miked]

Thanks Red40

[piglet3]

Fifth paragraph correct: see para. 7 in Schedule 14 to Housing Act 2004, from which part of your quotation originates.
Does the time and manner of the conversion matter?