|February 18, 2020||No Comments|
Most bigger flats with multiple sharers require an HMO licence, but it is a general rule with some exceptions. Sometimes 3 or even 4 students can legally rent a non-HMO property. In short, Houses of Multiple Occupation are any living accommodation occupied by more than 3 persons who are members of more than two families. The occupants of an HMO property would share a toilet and /or bathroom and/or kitchen.
So the main restrictions are: the number of permitted occupiers and their relationships.
What is a ‘family’?
For the purpose of the HMO legislation, tenants are treated as family members if they are:
What is a ‘couple’?
A couple means two persons who:
What does ‘related’ mean?
Allowed family members are:
Three unrelated students definitely cannot rent a non-HMO flat. But a couple and their friend are, as far as the legislation is concerned, members of two families, so they can rent a non-HMO property. The same goes for two couples sharing one property – they are technically considered to be members of the same family.
Two siblings and their friend can rent a non-HMO flat, even if they are half-blood siblings or one of them was adopted or de facto raised by the other sibling’s parents.
Landlords and their family member should not be included in ‘3 person’ limit: i.e. a landlord can let two bedrooms to two unrelated sharers and the HMO requirements would be triggered only if the said landlord wanted to let another bedroom to a third unrelated sharer. The number of unrelated tenants for an HMO compliance is the same as if they lived in the property without the landlord or the landlord’s family member.