HMO / multiple occupancy?

[Outofthepark]

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!

[Outofthepark]

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!).

[dreamersdown]

They are a family. So no.

[purpleme12]

Is it just one tenancy agreement? Or two separate?

[JeandeServiette]

@Outofthepark

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]

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]

Sorry, I meant brothers, not cousins!

[EmmaGrundyForPM]

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]

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]

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]

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]

@YetMoreNewBeginnings

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]

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