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Jul, 2014

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  1. #1
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    Default Live in landlord is it a HMO?

    How many lodgers can a live in landlord have before the house becomes a HMO?

  2. #2
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    2 Lodgers is allowed. Any more than 2 and the property is deemed to be a HMO.

  3. #3
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    Quote Originally Posted by schocca View Post
    2 Lodgers is allowed. Any more than 2 and the property is deemed to be a HMO.
    Agreed.

    If landlord themselves are a tenant, then only 1.

  4. #4
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    Anyone knows the legal reference for the owner occupier case? (HA 2004 lost me... )
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  5. #5
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    Quote Originally Posted by jjlandlord View Post
    Anyone knows the legal reference for the owner occupier case? (HA 2004 lost me... )
    schedule 14 of the 2004 Housing Act, the exemption only applies when it is a homeowner

  6. #6
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    Quote Originally Posted by Snorkerz View Post
    schedule 14 of the 2004 Housing Act, the exemption only applies when it is a homeowner
    Thanks Snorkerz.

    Sorry for being thick, but where does it say 2 persons in addition to owner's household?
    I only found: "no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority."
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  7. #7
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    Quote Originally Posted by jjlandlord View Post
    Thanks Snorkerz.

    Sorry for being thick, but where does it say 2 persons in addition to owner's household?
    I only found: "no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority."

    An 'owned building' gets the lodger exemption:

    Buildings which are not HMOs for purposes of this Act (excluding Part 1)
    Buildings occupied by owners

    6(1)Any building which is occupied only by persons within the following paragraphs—.
    (a)one or more persons who have, whether in the whole or any part of it, either the freehold estate or a leasehold interest granted for a term of more than 21 years;.
    (b)any member of the household of such a person or persons;.
    (c)no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority


    But a 'rented building' doesn't so 1 occupant + 2 lodgers would fall under the "3 or more persons forming more than 1 household"

  8. #8
    Join Date
    Feb 2005
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    Default Resident landlord

    Quote Originally Posted by jjlandlord View Post
    Sorry for being thick, but where does it say 2 persons in addition to owner's household?
    I only found: "no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority."
    As Snorkerz has directed, the info is, in part, in Schedule 14(6) of the Housing Act 2004:-

    Quote Originally Posted by Snorkerz View Post
    An 'owned building' gets the lodger exemption:

    Buildings which are not HMOs for purposes of this Act (excluding Part 1)
    Buildings occupied by owners

    6(1)Any building which is occupied only by persons within the following paragraphs—.
    (a)one or more persons who have, whether in the whole or any part of it, either the freehold estate or a leasehold interest granted for a term of more than 21 years;.
    (b)any member of the household of such a person or persons;.
    (c)no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority
    What is missing is the actual 'appropriate national authority' part highlighted in c. This can be found in The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006; Regulation 6(2).

    HTH

  9. #9
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    Thanks both.
    I had indeed found schedule 14, but as pointed out it does not define how many lodgers before property is considered a HMO.
    Thanks red40 for pointing out the line defining that number in these other regulations.
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  10. #10
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    Thank you everyone. Your comments have been very helpful.

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