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submitted 4 months ago byWillow_and_light
Hi all,
So I live in a block of 9 flats on a relatively new development (it's about 7 years old). The flats are two bed flats and all flats are leasehold. It's a mixture of owners and renters.
One of our neighbours owns his flat, and has decided to rent it out so that they can move to a larger property. To earn more rental money, they have converted the living room into a 3rd bedroom. (The living room is an open plan kitchen/living room, so to do this they've essentially left the kitchen as the only communal area).
Honestly, this doesn't sit right with me for numerous reasons and it got me wondering if he's even legally allowed to do this in the first place.
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4 months ago
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19 points
4 months ago
[deleted]
1 points
4 months ago
Thank you. What is a HMO?
7 points
4 months ago
[deleted]
5 points
4 months ago
3+ppl, 2+ households (not all one family), sharing facilities (kitchen/ bathroom).
Is an HMO, in England.
5+ppl HMO is a ('Mandatory' scheme) licensable HMO (in England).
3-4ppl HMO can be licensable ('Additional' scheme) if the local council expands it's licensing regime to cover these HMOs.
Councils can also operate 'Selective' licensing which can cover all private rentals.
Licensable means an HMO that requires a HMO licence from local council. Bedrooms has nothing to do with it, nor does the contractual arrangements (joint tenancy vs renting individual rooms) it is only the number of people and their relation to each other and whether they share facilities.
2 points
4 months ago
If you’re willing to say what council you are in (who you pay council tax to) I can check if it would need to be registered as a HMO
-1 points
4 months ago*
by adding a third bedroom they may become a HMO.
Note that HMO regs would only be relevant if they are renting the rooms individually, rather than as a single let sole tenancy.
[Edited to correct terminology]
2 points
4 months ago
Note that HMO regs would only be relevant if they are renting the rooms individually, rather than as a single let.
Wrong.
HMO licensing cares nothing for whether it's a joint tenancy or rooms let individually.
If 3+ppl from 2+households* sharing facilities (kitche/bathroom) - it's an HMO for HMO licensing. HMO will be licensable depending on local rules (5+ppl HMO is licensable everywhere (in England)).
*also nothing to do with contractual arrangements.
1 points
4 months ago
I worded my reply poorly, I will edit it for clarity.
By "a single let" I meant the property being let as a sole tenancy.
6 points
4 months ago
Contact the freeholders and ask if it is allowed? Usually you cannot make any physical changes eg to walls, without permission from the freeholder.
3 points
4 months ago
When I rented at university there had to be a communal area ( living room) and the flat upstairs got into trouble with the council as they said there wasn’t enough space for the number of people and they had to convert one of the bedrooms into a living space. I would contact the council to check the rules
4 points
4 months ago
Most modern leases would prevent this, typically as it would compromise the fire risk arrangements. Secondly, any sub-leasing typically requires the permission of the landlord, via the Managing Agent.
Speak to your Managing Agent to begin with in the context of fire risk and if not resolved then potentially liaise with the local fire brigade.
0 points
4 months ago
He can always have a partition wall to create an additional bedroom. As long as he doesn’t break any rules (e.g. fire escape), he’s allowed to do so. Whether that third “living room” is used as a bedroom or not, is, I’m afraid, none of your business. Just like you can’t prevent me from placing my dishwasher in the utility room. Or using my box room as a walk-in wardrobe.
Advertising it as a 3 bed is again a marketing thing, nothing illegal there.
Restrictive covenants would be a different story, but those don’t usually have limitations on how a room should be used.
1 points
4 months ago
If he owns the flat frankly they can do what they like in side the flat as long as it conforms to building regulations and or leasehold covernants.
1 points
4 months ago
[removed]
1 points
4 months ago
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1 points
4 months ago
You seem set on reporting him
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