Does a niece paying rent constitute a tenant under the Housing Act?

[SmokeyDokey]

Somehow I have the feeling that the niece (lovely person though I'm sure she is) is a red herring.

Looks to me like what seems to be important here may be whether the various tenants (including the niece) share any facilities that would be regarded as needed for normal life (so the building is not made up of self contained flats). IMO If they do and rent is being collected then the premises would appear to be an HMO as the Landlord and his niece are a different household to the other tenants.

However, if the premises consist of self contained flats and no facilities are shared then you would have to consider each flat individually so the relationship between the landlord and the neice would seem to be be immaterial.

[CivvyFSO]

For instance, if we have 1 other tenant and the niece (with no uncle there), we have 2 households. It's a HMO.

Sorry for resurrecting this thread, but I was wrong on this detail.

We need a minimum of three occupiers (forming two households or more) before it can be a HMO.

[nearlythere]

For instance, if we have 1 other tenant and the niece (with no uncle there), we have 2 households. It's a HMO.

Sorry for resurrecting this thread, but I was wrong on this detail.

We need a minimum of three occupiers (forming two households or more) before it can be a HMO.

Hence my point in 13 CFSO

[CivvyFSO]

It makes more sense now I have my facts straight.