March 13

Councils using illegal HMO’s – whatever next?

1  comments

Disturbing reports today of a council in Scotland housing the homeless in “illegal” HMO’s.

Well, actually hang on a minute.  They aren’t illegal – they are just NOT licenced yet…

So, what happens to your HMO once you’ve put in for your licence?

Well according to UK HMO regulations (which may differ from Scottish law), as long as you are following the guidelines set down by the licencing authority and they haven’t condemned you (which can happen!), then you are fine to carry on operating.

So, whilst its a good story for the press; in reality, what choice does a council have in terms of meeting their obligations to house homeless people.

Read the shocking HMO story for more details but just ensure that you have your licence in – and I think that the onus is then on the council to process it.  I’ve been waiting nearly 2 years for one council to process my application 🙂


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  • Hi,I am slightly ceuonsfd by the document Under the Housing Act 2004, a property is classed as an HMO if there are three or more occupiers who form two or more households and who share a kitchen, bathroom or toilet. So one landlord, and two non-family tenants living in one property would be classed as an HMO but further on in the document you state that As a live in landlord, you are allowed two ‘non family’ lodgers before your property can be classed as an HMO. So, as a live in landlord, with two paying tenants is my house an HMO? And is it enough to have a resident landlord tenancy agreement with my tenants. Many thanks for your reply,Mehdi

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