There has been a lot of confusion caused by the Housing Act of 2004, where HMO property is concerned as introduced in April 2006 surrounding licensed buildings, but the changes are actually simpler than they first appear.
To license or not to license?
This is the real question for Landlords and the real crux behind the changes. It is also where a clear definition of what represents a House of Multiple Occupation. Conversely, it is also this area that has given rise to the biggest area of confusion amongst Landlords and the mistaken belief that if there house does not match these criteria, that HMO regulations can be ignored.
Two families and the Council decide.
What all Landlords need to be aware of and appreciate is that any property that has more than two families living at the property (More than two families represented who are not co-habiting) as their permanent address, then as far as the Council are concerned, it is an HMO! Maybe not one that needs a license, but as far as safety is concerned and this can mean Fire doors and surrounds, Fire walls and escape windows, then the Council will in all probability order that such safety measures are installed for the safety of the Tenants.
The Council decides, or not!
And here is the next problem facing all Landlords. Not all Councils take the same view or level of safety when considering identical styles of property! Prior to its introduction I spoke to and worked with my Council, who independently of other areas, decided to take a review of all property that they believed was operating as an HMO through there register of student homes in the Town. This gave me both an insight and early approach to both the knowledge needed and ensuring my Landlords, existing and new, were well informed.
Confident letting.
So what my advice to all Landlords is, if you are renting to more than two family units, then your local Council will definitely consider it to be a House of Multiple Occupation. Unless it requires licensing by number of stories or people residing, then you could be forced to take appropriate changes to the safety of the building as your Council sees fit, so take advice first and speak to the Council before you find out the hard way!
Steve Roulstone
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I didn’t understand the concluding part of your article, could you please explain it more?
Interesting information, may I use a part of it in my website?
If you post a link back?
Steve
my God, i thought you were going to chip in with some decisive insght at the end there, not leave it with ‘we leave it to you to decide’.
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