House of multiple occupancy

[Southernfried]

I am looking for some advice to if someone needs a hmo license even if they are not charging rent or fees ?

What it is is the house on my right was bought Recently by a small local based public charity and they are letting 3 or 4 homeless men stay in it for a week max as a half way house before they get council funding. Then the next week another batch of men.

The charity said to me they do not need a hmo license as they charge no fees.

Yes I’m aware it’s a good cause and if they don’t need the hmo il happily let it be. I would just like to know the legal answer

Thanks.

They could technically be right as the legislation refers to renting and tenants. However if you look at what a landlord is supposed to do, gas checks etc, then I think the charity is being negligent and swerving their obligations to the people they are housing. I would speak to the authority about this because they might be charging £0 but they are not fulfilling basic obligations either. They are being reckless.

Yes I suspected. The council have been absolutely useless at getting me through to someone who would know as Iv been to licensing and the owners services and they were just as puzzled as me.

I think I might have to seek my own legal advice.

I just didn’t think you could buy a house and fill it with vulnerable men with no notice or assessments.

I would have thought a chat with planning.

Yes. Planning should deal with licensing.

You want to speak to private housing

Why not email the council?

Thank you for your advice. I did phone the owners services at the council which I’m assuming might be the same as privet housing? They seemed clueless and said they don’t deal with that and to seek my own legal advice.

On another note I ended up Having to contact the police last night as it seemed there was some sort of party going on in there and some fighting ended up spilling out into the garden. The police said they would look into if they are going through the correct procedures.

I think 4 bedrooms or less doesn't need a HMO license.

HMO licensing is to do with the safety of the occupants so I don't see how money comes into the equation.

Mind you, I guess if you had a big house and were regularly having loads of friends to stay you wouldn't need an hmo so maybe it's a loophole.

At my council it’s Environmental Health and Licensing Dept. It also says, in the govt advice I have attached, that even if the rent is paid by someone else, there is a need for a licence. In addition, the gas certificate needs to be sent to the council and there are conditions to be met regarding suitability of the accommodation. You can put in the post code of the house into the government site and then check how to apply for a license. It tells you who deals with it. So no doubt about who is responsible. People are allowed parties though! Just not every day!