HMO Definition Clarification

[Tadees]

If a house is converted in to entirely self-contained bedsits , not in accordance with 1991 Building Regulations, and the premises is 3 storeys with  3 tenants living there, can this still be classed as an HMO if the flats are all occupied by secure (council) tenants as opposed short-term tenancies?

[Martin]

 In simple terms:
A house which is occupied by three of more unrelated persons, who do not form a single household ? this definition is supported by Sections 254 ? 259 of the Housing Act 2004.

If each bedsit is self contained (no shared kitchen, bathrooms etc.) then it is a block of 3 flats.

If shared facilities and three tenants do not form a household then it is HMO.

As long as a landlord is collecting rent the nauture of lease does not affect HMO status.

[nearlythere]

If a house is converted in to entirely self-contained bedsits , not in accordance with 1991 Building Regulations, and the premises is 3 storeys with  3 tenants living there, can this still be classed as an HMO if the flats are all occupied by secure (council) tenants as opposed short-term tenancies?

In NI it would be as the building is not purpose built as flats.

[nearlythere]

If a house is converted in to entirely self-contained bedsits , not in accordance with 1991 Building Regulations, and the premises is 3 storeys with  3 tenants living there, can this still be classed as an HMO if the flats are all occupied by secure (council) tenants as opposed short-term tenancies?

In NI it would be as  the building is not purpose built as flats.

[Tadees]

In simple terms:
A house which is occupied by three of more unrelated persons, who do not form a single household ? this definition is supported by Sections 254 ? 259 of the Housing Act 2004.

If each bedsit is self contained (no shared kitchen, bathrooms etc.) then it is a block of 3 flats.

If shared facilities and three tenants do not form a household then it is HMO.

As long as a landlord is collecting rent the nauture of lease does not affect HMO status.

My understanding is that if the flat or bedsit is entirely self-contained, the nature of the tenancy, as per the Housing Act, is integral to determining whether it would be classed as a HMO or not.

[Golden]

Tadees have you looked at Appendix 1 of the LACORS guidance which gives a run down of the legislation and the tests that may be applied? In short the I believe the answer to your question is 'yes' it would fall within the HMO definition but would not necessarily be classified as one, unless it is exempt, due to the flats not being 1991 standard and not owner occupied.

Just confused myself

[Tom Sutton]

Check out http://www.firesafe.org.uk/houses-in-multiple-occupation/ may help.

[Tadees]

Clear as mud.

[Golden]

And should you want to fit a detection and alarm system there is some good guidance here http://www.fia.uk.com/download.cfm?docid=ABF6293E-A6B9-4A2E-BC2416B7B5F07438 that has just been released by the nice chaps at the FIA.

[colin todd]

Glad you like it, Silver.

[Tom Sutton]

Clear as mud.

Try https://www.gov.uk/government/publications/licensing-of-houses-in-multiple-occupation-in-england-a-guide-for-landlords-and-managers much simpler.