Comments on: Day 7 – Will taking in a lodger turn your property into an HMO?

By: Tessa

Tessa — Sun, 18 Dec 2011 23:11:56 +0000

@Matthew I suspect it will not make an HMO but just check with your local authority as they sometimes introduce separate rules.

I can’t see how what you are doing will be illegal, assuming you comply with any HMO rules and planning regs. However you may find that you have created a tenancy rather than a license/lodger situation. There are articles about this on this blog.

By: Matthew

Matthew — Thu, 24 Nov 2011 22:00:53 +0000

Hi there

I would really appreciate some technical advice on weather what I am planning is legal

I have a 3bed semi with a loft room and ensuite. I currently live in the downstairs reception room and rent out the 3bedrooms upstairs.

What I would like to do is put a kitchen in the smallest room and have 2 lodgers/tenants who would use that and I will use the kitchen downstairs.

As far as I can make out it will NOT be an HMO as i will just have 2 lodgers.

I believe in order to install a kitchen upstairs I just have to inform building control that I am changing the use of the room.

So, provided my lodgers still have access to my part of the house ie the downstairs, am I breaking the law in any way??

Any help would be really appreciated.

By: Tessa

Tessa — Wed, 23 Nov 2011 13:06:38 +0000

@Patrick I would really recommend that you speak to your local authority about this. The rules vary across the country and they will be able to explain what the situation is in your area.

By: Patrick

Patrick — Tue, 22 Nov 2011 18:04:13 +0000

for last three years since taking myself off incapacity benefit have rented rooms out in my house I own – to live- my only income. on average have rented out 2 to 3 rooms . atm i am renting out to a forth who is as i understand a nonresident as she just stays a few days a week whilst she lectures at university and then goes back up to her fam up north for rest of week and weekend. I understand under new legislation i am not a manditory HMO as I have been renting out to multiple people before 2010 and the forth is a non resident. I am a single person with no partner or fam living with me. There is a cellar which is just used for storage which makes it 3 stories. not really sure why a cellar as storage should be taken as living area? I do have all receipts from all people who have stayed but is this enough to prove i have been renting out before 2010 legislation – as i have not knowingly needed to register this?

By: Tessa

Tessa — Tue, 25 Oct 2011 06:40:53 +0000

@Jenny If you are just renting out the one room then you should not be classed as an HMO. Although check with your Local Authority as some areas are introducing extra rules.

If you rent to a couple, whether they are married or not, they will count as one ‘family’ unit.

This is the same whether you rent to them as lodgers or as a tenancy. However as discussed elsewhere on this site, renting out a room in your flat on a tenancy (which it probably will be if it is self contained) is not a good idea and can get you into trouble with your mortgage.

By: Jenny

Jenny — Sat, 22 Oct 2011 15:58:20 +0000

I have a 1 bedroom flat (1 bedroom, 1 lounge, 1 kitchen, 1 bathroom). The bedroom and lounge are large, so could both be rented out as good size rooms.

Under the ‘rules’, if I rented each room out to a single person, please confirm that this is fine and would ‘not’ be an HMO….it’s effectivey 2 sharers? Is this correct please?

Secondly, what if one room was rented to a couple? This would be 3 occupiers in total?….presumable now it’s an HMO?

…but what if that couple were married and therefore family/related? (or if 2 sisters for example)

My final quastion, is about ‘shared’ facilities. The bedroom has an en-suite, and is big enough to to add a kitchenette (thus effectively creating a studio / bedsit). The other room (formerly the lounge) then has ‘exclusive’ use of the kitchen and the bathroom, so irrespective of the number of occupiers, there would be no shared facilities between the rooms, as each one is ‘independent’. What would this be?

Thank you very much,

Jenny

By: Tessa

Tessa — Thu, 11 Aug 2011 20:52:33 +0000

@Steve If you are worried about HMO issues it is really best to speak to your Local Authority as the situation varies across the country. Some Local Authorities have additional HMO regulations.

By: Steve

Steve — Mon, 08 Aug 2011 06:45:01 +0000

Hi, I plan to convert the loft so my dad can move in. I already have two lodgers. I am no so worried about it becoming an HMO, but more concerned about the mortgage providers opinion, or if we will invalidate any insurance. If my dad doesn’t wantt to stay long term I will meant to recoup the cost of the loft conversion by renting out that floor. Can you invisage any problems with this?

Thanks

Steve

By: Tessa

Tessa — Tue, 12 Jul 2011 20:23:32 +0000

Lodgers and and HMOs are not either or. If you take in enough lodgers you will have an HMO. Read the post.

I think you mean, will it be a lodger or a tenancy. It sounds to me as if it may be a tenancy rather than a true lodger situation. I suggest you read the relevant post on this blog about how to prevent a tenancy.

By: Alana

Alana — Fri, 08 Jul 2011 14:34:27 +0000

Hello,
My huband and I were hoping to get 2 lodgers; however we have an extention to our house that would enable us to lock a door on the ground floor and also lock one upstairs that would ‘create’ private living areas of two bedrooms and a shower room upstairs and a living room and kitchen diner downstairs so we have some privacy.

The rest of the house includes the front door, hallway, kitchen/diner, living room, bathroom, two double bedrooms and a single bedroom.

We would share the front door, stairs and hallway and retain the small bedroom for family members to stay, (my disabled daughter visits for the weekend each fortnight and our grandchildren come stay with us and the bathroom would be used by them at these times. We would also use the dishwasher and some storage in the kitchen + fridge/freezer. is this situation an HMO or just lodgers in our house?