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nmk
22-06-2005, 18:14 PM
Hi,

I've scanned through the various articles and forum messages on the site, but still have a problem that i was hoping someone could help me out with:

I have a 3 bed property and recently had two students sign up to a joint tenancy agreement between June 04 and September 05. However, in January 05, I managed to find a 3rd person for the spare room and decided to put him in the house too. So what i did was, just get him to add his name to the original shared joint tenancy agreement that was signed in June 04, which would take all of the tenants to the end of the tenancy in Sept 05.

^Am I allowed to do that?? Or should I have made all 3 tenants sign a fresh new contract from Jan 05 - Sept 05? Is it legally permissable to add a new tenant part way through an existing contract or by doing so, have I made the house now become classified as a HMO???

The HMO law really p*sses me off- It's so confusing, and seemingly unneccessary. Grrr!

Advice would be appreciated because I'm very very confused and don't want to end up getting fined for the council because adding the new tenant suddenly turns the joint tenancy into a HMO!!!

Many Thanks in advance.

Patois
23-06-2005, 07:18 AM
[QUOTE=nmk]

The HMO law really p*sses me off- It's so confusing, and seemingly unneccessary. Grrr!

Advice would be appreciated because I'm very very confused and don't want to end up getting fined for the council because adding the new tenant suddenly turns the joint tenancy into a HMO!!!

QUOTE]

It's not the tenancy agreement which turns a house into an HMO it is the fact that there are 'persons not forming a single household' which does.
At the moment if 3 friends were sharing a house it would probably not be an HMO. If 2 friends share then the landlord 'puts in ' another tenant then it probably would.

It is irrelevant as to whether they are on a joint tenancy or not - it is the way the property is occupied.
The type of property will also govern what you may need to do to comply with legislation. E.G a back to back property on 3 floors with a staircase leading from a kitchen (common around here) would need more work to comply with statute and standards.

HMO legislation may seem unecessary - perhaps it saves lives?
A person unknown to the others increases the risk.
Granted..your property only has 3 persons and the higher the number of persons also increases the risk as does the type of property.

Friends tend to look out for one another - strangers may not.
Friends tend to know who is in or out of the house - strangers may not.
If there was a fire - friends tend to get each other out - but if the new person on the top floor isn't always there and you are not sure- would you risk your life to go and find out? - Well not everyone would.

Perhaps if you had asked for info before you added the new tenant??
Grrr - it really pisses me off when landlords just make it up as they go along and then moan.
At least try and find out what you have to do first.

The Council will not fine you - they have to serve notice first, but have more immediate powers under the new legislation (due to come into force in October)
The fire service have the powers to close the property if it causes an imminent risk to life.
Contact your local council for info.

PaulF
24-06-2005, 20:56 PM
To answer you points in RED below; I've not really answered the HMO questions as they have already been dealt with fairly well, but see the rest!

Hi,

I've scanned through the various articles and forum messages on the site, but still have a problem that i was hoping someone could help me out with:

I have a 3 bed property and recently had two students sign up to a joint tenancy agreement between June 04 and September 05. However, in January 05, I managed to find a 3rd person for the spare room and decided to put him in the house too. So what i did was, just get him to add his name to the original shared joint tenancy agreement that was signed in June 04, which would take all of the tenants to the end of the tenancy in Sept 05.

^Am I allowed to do that?? NO! Or should I have made all 3 tenants sign a fresh new contract from Jan 05 - Sept 05? YES! Is it legally permissable to add a new tenant part way through an existing contract See above or by doing so, have I made the house now become classified as a HMO??? Nothing to do with it.

The HMO law really p*sses me off- It's so confusing, and seemingly unneccessary. Grrr! Wait 'til the Housing Act 2004 comes into being next year probably and you'll be delirious!!! It will reduce the number of HMO's considerably believe me!

Advice would be appreciated because I'm very very confused and don't want to end up getting fined You won't be! for the council because adding the new tenant suddenly turns the joint tenancy into a HMO!!! It didn't!

Many Thanks in advance.