HMOs - what counts??

[fasterthanthewind]

Am trying to make sense of the rules - is anyone an expert?

Setup is the following:

Victorian house converted (long since) into 2 self-contained flats. Both leasehold, but 1 occupied by the freeholder.

Leaseholder wants to have 2 lodgers (i.e. there will be 3 unrelated people living in one of the self-contained flats).
Freeholder doesn't have a lodger now, but has done in the past and would like to be able to in the future.

Is this an HMO?? I've been digging about and it's as clear as mud to me!

Thank you!

Each property will be considered individually. As they are self-contained, it doesn't matter they were previously one property.
If the owner lives in the property, they can have as many lodgers as they want without it becoming an HMO.
If the whole property is leased (eg, your typical student flat) you will need a HMO if three, or more, people live there and share facilities.

ooh, thank you.

some other details - perhaps relevant?

building more than 3 storeys; and it would seem that the leaseholder is actually a parent, and it's a child plus two friends living there.

is that really the case about HMOs, it isn't an HMO if the owner lives there? from all my reading I'd not grasped that one v simple and basic point...

A HMO license is required for those that have rented property that has 3 or more occupants (regardless if the property owner lives in it or not). There is exclusion, typically family member's and those that share a bed as if they were married (gender is irrelevant) also those that share blood. If the circumstances fit into a category of any of the exclusion - you can find that in an act (different legislation for different Jurisdictions) you will not need a HMO License. If you do not fit into any category you require a HMO License.

I thought you didn't need a licence unless you were a large HMO? Is there any really clear online guidance on this: it's extraordinarily confusing. Is in England, btw.

Thank you!

www.gov.uk/house-in-multiple-occupation-licence

the above link as very basic info - and in terms of English law it would appear that a HMO license is required

it’s rented to 5 or more people who form more than 1 household
it’s at least 3 storeys high
tenants share toilet, bathroom or kitchen facilities

In Scotland its 3 or more regardless how high the building is. Personally that is a bit odd of a requirement.

thanks Moralis. I read that as saying no it's not a big HMO (each flat is only 2 storeys), one is lived in by 3 unrelated, the other by 2 (one of whom is owner-occupier).
clear as mud...