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Original poster

HMO / multiple occupancy?

12 replies

Outofthepark · 26/05/2023 12:11

Wondered if there are any lawyers/people who know property law on here! Would two brothers, each with a partner, renting the same property (4 bed) be considered multiple occupancy? Or does the fact that 2 are brothers mitigate this? Thanks in advance for any help!

OP posts:
Original poster
Outofthepark · 26/05/2023 12:34

Sorry I should have added, it is in an area where there is an added legislation that instead of the usual 5 persons, the council specified '3 or 4 persons' in our area, unless a family or sharers (whatever that means!).

OP posts:
dreamersdown · 26/05/2023 13:38

They are a family. So no.

purpleme12 · 26/05/2023 13:50

Is it just one tenancy agreement? Or two separate?

JeandeServiette · 26/05/2023 13:55

Outofthepark · 26/05/2023 12:34

Sorry I should have added, it is in an area where there is an added legislation that instead of the usual 5 persons, the council specified '3 or 4 persons' in our area, unless a family or sharers (whatever that means!).

They are sharers. Also extended family. Renting as a group. Definitely not an HMO.

EmpressMoo · 26/05/2023 14:15

You really need to clarify the situation with the council. You don't want to be fined for running an HMO without a licence and risk the tenants claiming back their rent.

Do your local council regulations mention anything about "households"? My local council considers 3 or more sharers from 2 or more households to be an HMO. The problem is there is no legal definition of "household". I suspect, despite 2 of the tenants being cousins, each couple would be considered a separate household. Things that would be used as indicators are whether the eat together or separately, whether they do laundry together, how the rooms are divided up.

EmpressMoo · 26/05/2023 14:17

Sorry, I meant brothers, not cousins!

EmmaGrundyForPM · 26/05/2023 14:20

Where I live that would be an HMO, so would have to be licensed as such. The brothers aren't the issue, it's the fact that they've got partners.

Lastqueenofscotland2 · 26/05/2023 14:29

Three people from two or more households. So likely yes but gets a bit more confusing as areas with article 4 legislation are stricter than those without!
So does depend on the area and the local authorities policy

greenacrylicpaint · 26/05/2023 14:38

is it for a property you rent out?

your scenario is a common one for 'dodgy' tennants getting a foot in and then subletting. hmo by stealth...

YetMoreNewBeginnings · 26/05/2023 14:54

Here that would be a HMO as there are 3 unrelated people.

In another area nearby it wouldn’t be as they are two households.

you need to check specifically for the area.

JeandeServiette · 26/05/2023 16:24

YetMoreNewBeginnings · 26/05/2023 14:54

Here that would be a HMO as there are 3 unrelated people.

In another area nearby it wouldn’t be as they are two households.

you need to check specifically for the area.

Oh really? I was beginning to think I was just out of date.

Geneticsbunny · 26/05/2023 17:53

It would be an HMO here too as there are more than 2 unrelated people.

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