What is an illegal HMO?Asked by: Alison Glover | Last update: February 11, 2022
Score: 5/5 (25 votes)
What happens illegal HMO?
Landlords who operate a licensable HMO without a licence may also, in certain cases, have to repay rent – known as a Rent Repayment Order (RRO). This applies to rent paid by tenants or by local authorities in housing benefit during a maximum 12 month period. An RRO is awarded by the FTT on application.
What counts as a household HMO?
A house in multiple occupation ( HMO ) is a property rented out by at least 3 people who are not from 1 'household' (for example a family) but share facilities like the bathroom and kitchen. It's sometimes called a 'house share'.
What does unlicensed HMO mean?
An unlicensed HMO is an HMO that meets the minimum criteria, but does not meet the mandatory licensing criteria and selective licensing is not enforced. An unlicensed HMO is still an HMO, and the additional responsibilities must be followed.
How do I report an unlicensed HMO?
Report an unlicensed HMO
If you know of a HMO which is licensable but has not been licensed, or does not meet licensing conditions you can report it by ringing 020 8359 5355 or by emailing the property address, and any further details to firstname.lastname@example.org External link.
HMO Rules, Regulations and Legislation!
How many people can live in a house?
Both federal and California housing laws restrict the number of persons who can legally live in a unit. In the past, California has adopted a "two-plus-one" formula, which permits two people per bedroom plus one additional person for the household.
Can you complain about HMO?
Contact your local council to report hazards in your HMO . The council is responsible for enforcing HMO standards and can make a landlord take action to correct any problems.
Is it illegal to not have a HMO licence?
If you're unsure whether or not you require an HMO licence for your property, contact your council as soon as possible. ... Criminal conviction – perhaps most seriously of all, the penalty for renting out a property without the right HMO licence is now classed as a criminal offence and could lead to a criminal conviction.
How do I evict a tenant from HMO?
To evict you before this contract ends, the landlord will have to go to court to evict you and will have to show the court that you have broken the agreement in some way. This applies even if the council has told you or the landlord that the property you are living in is an unlicensed or illegal HMO.
Is landlord responsible for council tax in HMO?
Landlord responsibilities for council tax
As a landlord you are responsible for paying council tax if the property is designated as a house in multiple occupation (HMO). An HMO is a house or flat that is lived in by one or more people who are not part of a single household.
Can 3 friends rent a house together?
And, as you have found, most lenders won't allow multiple tenancies where each tenant signs a separate agreement. ... That doesn't mean that you can't let the house to three different people, but it does mean that they should all be named as joint tenants on one tenancy agreement.
Do cousins count as HMO?
HMO licencing states that family members can include direct relatives (fathers, mothers and children) and second degree relatives (aunts, uncles, grandparents, etc.). Couples are also included in this, as well as step-children/parents. Third degree relatives (cousins and in-laws) are not included.
Can HMO have two kitchens?
An HMO is required to be licensed with the Council if it is occupied by 5 or more tenants, of which at least 2 households share one or more basic amenities including kitchen, bathroom or WC. If the HMO is above business premises, each storey of the business premises is included when counting storeys.
What if my landlord doesnt have a HMO licence?
Landlord penalties for not having an HMO licence
Your landlord can be fined and ordered to repay up to 12 months' rent if you live in a HMO that should be licensed but isn't. Apply for a rent repayment order within a year of the HMO being unlicensed using this form.
What is the fine for not having a HMO?
prosecution, which carries an unlimited fine. fines of up to £30,000. management orders, where the Council takes over the management of the HMO. rent repayment orders, where you'll have to pay back up to 12 months of rent you collected.
Who is exempt from HMO licence?
Properties exempt from HMO licensing
a property occupied by two people living as two households (two-person flat shares) buildings managed or controlled by public sector bodies (such as the police or the NHS), the London Hostels Association or a registered social landlord.
Can a landlord enter a HMO without notice?
Yes, they are. If a tenant lives in a shared house/HMO then the landlord has the right to access the shared areas (kitchen, lounge, etc) to complete inspections and complete maintenance work, and to collect rent, for example.
Do HMOs need fire doors?
HMO Fire Door Regulations
Fire doors are an essential feature of HMO fire safety regulations. The rule is that, as a landlord, you need to make sure that all escape routes from the property are protected.
What happens if a tenant doesn't leave after section 21?
If your section 21 notice is valid
Your landlord can't make you leave your home unless they've gone to court to get a possession order and a warrant for eviction - this means they can use court bailiffs to evict you.
Do I need a HMO licence for 4 rooms?
If your property is let to five or more tenants from more than one household, some or all of the tenants share toilet, bathroom or kitchen facilities and at least one tenant pays rent, then your property will be considered as a large HMO and will need a licence.
Are student houses HMOs?
An HMO is a larger property that's home to three or more unrelated people who are sharing facilities such as a toilet, bathroom or kitchen. ... Most student houses will qualify as HMOs, and when renting out properties like this, landlords are expected to follow extra procedures (which we'll explain as we go through).
What is classed as a house of multiple occupancy?
A house of multiple occupancy is any property that is shared by two or more tenants who are not a couple of members of the same family.
Is it illegal to smoke in a shared house?
Individual flats are exempt from the regulations. They don't prevent leaseholders from smoking in the privacy of their own homes. But they must not smoke in the internal communal areas — it's against the law. ... If you smoke inside the communal areas, you could be fined up to £200 by the local authority.
Who is responsible for HMO licence?
It's your responsibility as the landlord or managing agent to apply for an HMO licence. It is an offence to operate a HMO without having obtained a licence.
Can you be a tenant on two properties UK?
If you have a joint tenancy, you are liable for the rent both jointly and individually. This means that one or all of you can be held responsible for the whole rent. It's not possible to argue that each tenant is liable for their particular share.