Definition of HMO under selective licensing?

The definition of an hmo is on legislation.gov.uk. S 255 to 259 I think.

Local authorities have different rules for selective licensing. Which is covered in part 3 of the act.

Non licensable HMOs may or may not qualify for other things such as enhanced fire regs.

So it really is case by case and even the authorities are not always sure what legislation applies

This might be new in Leicester but we’ve had this (‘Additional HMO Licensing’ for ‘small HMOs’) for a long time now in two of the council areas that I let in.

A small HMO is defined by my council as 3 or 4 persons forming 2 or more household and sharing a toilet, bathroom or kitchen. I don’t know if that differs across councils.

Once you hit 5 and above, then it’s mandatory HMO licensing.

Sorry G but landlords need to know the rules and abide by them. If you run a large HMO, you need to be licensed. If your property is in an area where selective licensing applies, you need to observe the rules. The definition of an HMO is here.

On one reading, landlords in Leicestershire are being given fair warning that they need to register. The notice is only stating the truth that failure to register has serious adverse consequences.

I live in the selective licensing area of Westcotes in Leicester. I have received a letter from LCC stating. There is a higher risk of tenants dying in unlicensed properties that don't have proper fire safety features. If your property lacks the required licence, you are entitled to have up to 12 months rent repayments paid back to you. This is called a rent repayment order. Your property does not have a licence.
It does state that this only applies to privately rented properties.
I spoke to a senior council member when I was applying for my own licence. I told her that they were targeting the wrong people. Her reply was " Don't worry, we WILL be come down hard on the rogue LLs who don't get a licence" I guess this is what she meant.

So if a a small HMO is defined by my council as 3 or 4 persons forming 2 or more household and sharing a toilet, bathroom or kitchen.

What about 2 lodgers in a house, would that be considered 3 households or as the owner lives there is this exempt

Reply to the comment left by DGM at 02/08/2024 - 12:48
The councils seem free to come up with any definition they like. To coin a phrase it's a postcode lottery.

There's a lot of misinformation in this thread.
1. Any property with 3 or more people in 2 or more households is an HMO
2. Not all HMOs are necessarily licensable. Statute says 5 more more people in 2 or more households is a mandatory licence.
3. Councils can elect to licence 3 or 4 person HMOs. If they do, this is called Additional Licensing
4. Selective Licensing has nothing to do with HMOs. It's where Councils elect to licence every rented property that is not an HMO.
5. Owner occupiers are allowed a maximum of 2 lodgers without the property becoming an HMO.

Reply to the comment left by DPT at 02/08/2024 - 15:43
Thanks DPT, that's very clear and good to know!

With fines of £30,000 why should any council be surprised that the risks are unsustainable for a 5% ROI business along with licence costs of £300 per bedroom?

The licence costs may be passed on to tenants but the £30k risk cannot.

No wonder councils cannot find PRS lettings to take their tenants and other tenants find no supply available.

I'm out!

Reply to the comment left by DGM at 02/08/2024 - 12:48
Hi.
This is all.covered by legislation.
2 lodgers with a Live in LL does not costitute an HMO.
3 does, but rules are slightly different to a HMO where the LL is not living in.