This is a question to the blog clinic fast track from Richard (not his real name), who is a lodger landlord in England.
I have an unlicensed HMO in Bexley. I had a visit from the council licensing team about 12 days ago, who say they have had a complaint which I believe is from a current tenant. I didn’t see the person from the council I just found a letter without an envelope with ‘landlord’ then my name on the kitchen table a week after they visited.
There are six lodgers and me in the house, and I believe it meets all current fire and space regulations. Except for one room which is too small. There are linked smoke alarms and fire doors with automatic closers in all habitable rooms.
The house is generally in very good condition and there is plenty of communal space with two kitchens two bathrooms two living rooms. There is CCTV with warning stickers on the front and back door in the communal areas (except bathrooms obviously), which can be removed as I’m not registered for data.
If the council person has been inside the house I don’t think they can have seen much because the bedrooms are locked.
My gas safety certificate expired in November, so I should get a new one as soon as possible and my electrical safety EICR is up to date.
My question really is what should I do next? I would like to to make it a legitimate HMO, but not sure how possible that is. I would need planning permission to change it to sui generis use and a licence. I think I could live in the small room; I don’t think there would be a restriction on that because I’m not a tenant.
I have given the tenant who I believe complained 28 days notice to leave in writing as agreed in the written lodger agreement that we both signed at the beginning.
I have called the guy from the licensing team a couple of times and emailed him but so far I haven’t had a reply.
Answer
HMO licensing
The most important thing to say is that you need to get an HMO license. The fact that the occupiers are lodgers in your home does not, so far as I am aware, exempt you from the need to obtain an HMO license if the property is licensable.
You should do this as soon as possible. Failure to license can result in your Local Authority bringing a prosecution in the Magistrates Court, where fines are unlimited, or serving a penalty notice for up to £30,000.
Bear in mind also that your lodgers may apply for a Rent Repayment Order (which can be for up to 12 months’ worth of rent) at the First Tier Tribunal. Section 56 of the Housing and Planning Act 2016 (which sets out the interpretation of terms in Part 2 regarding Rent Repayment Orders) specifically says ‘tenancy’ includes a license. So, it is important that you are compliant.
Other issues
I do not advise on planning as I am not a planning lawyer. But you can get advice from your Local Authority planning officers about the need (or not) to obtain planning permission.
You should obtain a gas safety certificate as soon as possible.
You should also ensure that the small room is not being used as a bedroom. We have a post here which has details of the mandatory room sizes for HMO properties.
It rather looks as if the rule will include the landlord’s use of the small room as a bedroom. The regulations refer to ‘persons’ using the room for sleeping accommodation, and you are a person!
You should also register with the Information Commissioner’s Office (cost is normally in the region of £40 pa). You will need to do this as
- You hold data about your lodgers.
- With six lodgers, you are almost certainly going to be treated as a ‘business’ and
- You have installed CCTV.
You will find a help article here.
And finally
I think you should get on with all this ASAP.
The Council are clearly ‘on to you’. Once they have you in their sights, they are unlikely to forget about you – so don’t assume that just because they have not got back to you, they are not going to take things further. It does often take them a long time to get anything done, but they get there in the end.
Note also that we have a free Lodger Landlord information website which has guidance on all the main issues that lodger landlords need to know about.
The post Lodger landlord asks for advice on HMO situation appeared first on The Landlord Law Blog.
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