{"id":203077,"date":"2025-04-24T17:10:04","date_gmt":"2025-04-24T17:10:04","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/real-estate\/lodger-landlord-asks-for-advice-on-hmo-situation-the-landlord-law-blog\/"},"modified":"2025-04-24T17:10:04","modified_gmt":"2025-04-24T17:10:04","slug":"lodger-landlord-asks-for-advice-on-hmo-situation-the-landlord-law-blog","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=203077","title":{"rendered":"Lodger landlord asks for advice on HMO situation \u00bb The Landlord Law Blog"},"content":{"rendered":"


\n<\/p>\n

\n

\"houseThis is a question to the blog clinic fast track<\/a> from Richard (not his real name), who is a lodger landlord in England.<\/p>\n

\n

I have an unlicensed HMO in Bexley.\u00a0 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\u2019t see the person from the council I just found a letter without an envelope with \u2018landlord\u2019 then my name on the kitchen table a week after they visited.<\/p>\n

There are six lodgers and me in the house, and I believe it meets all current fire and space regulations.\u00a0 Except for one room which is too small. There are linked smoke alarms and fire doors with automatic closers in all habitable rooms.<\/p>\n

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\u2019m not registered for data.<\/p>\n

If the council person has been inside the house I don\u2019t think they can have seen much because the bedrooms are locked.<\/p>\n

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.<\/p>\n

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\u2019t think there would be a restriction on that because I\u2019m not a tenant.<\/p>\n

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.<\/p>\n

I have called the guy from the licensing team a couple of times and emailed him but so far I haven\u2019t had a reply.<\/p>\n<\/blockquote>\n

Answer<\/h2>\n

HMO licensing<\/h3>\n

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.<\/p>\n

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 \u00a330,000.<\/p>\n

Bear in mind also that your lodgers may apply for a Rent Repayment Order (which can be for up to 12 months\u2019 worth of rent) at the First Tier Tribunal.\u00a0 Section 56 of the Housing and Planning Act 2016<\/a> (which sets out the interpretation of terms in Part 2 regarding Rent Repayment Orders) specifically says \u2018tenancy\u2019 includes a license.\u00a0 So, it is important that you are compliant.<\/p>\n

Other issues<\/h3>\n

I do not advise on planning as I am not a planning lawyer.\u00a0 But you can get advice from your Local Authority planning officers about the need (or not) to obtain planning permission.<\/p>\n

You should obtain a gas safety certificate as soon as possible.<\/p>\n

You should also ensure that the small room is not being used as a bedroom. We have a post here<\/a> which has details of the mandatory room sizes for HMO properties.<\/p>\n

It rather looks as if the rule will include the landlord\u2019s use of the small room as a bedroom.\u00a0 The regulations refer to \u2018persons\u2019 using the room for sleeping accommodation, and you are a person!<\/p>\n

You should also register with the Information Commissioner\u2019s Office<\/a> (cost is normally in the region of \u00a340 pa). You will need to do this as<\/p>\n