Hi
I am owner of a leasehold flat in a mid-terrace conversion. A few years back, we (the lessees) bought the freehold and set up a company to own it. I am now a director of the freehold company.
We have received a letter from the local council addressed to "the Owner/Manager" and saying that the council believes the building "may be in multiple occupation" and "if your property is in multiple occupation", draws our attention to a number of responsibilities, notably the Regulatory Reform (Fire Safety) Order 2005, under which we "must undertake a risk assessment of the communal parts"; and provides an email address to which we "could" [note, 'could', not 'must'] send the assessment report.
Is "being in multiple occupation" the same as being a HMO? And if so, are we one ? I have read a dozen web-sites about what constitutes a HMO (licenced and otherwise), but none of it seems to apply to a Freeholder of a (converted) block containing numerous self-contained flats. Only the staircase is shared. Is it the case that the council is just confused and thinks I'm a private Landlord? One of my fellow directors telephoned them to clarify, but the result was confusing.
Could someone please clarify whether a bog-standard, share-of-freehold small block of flats should be considered as "in multiple occupation" and if so, what are the Freeholder's obligations under 'Regulatory Reform (Fire Safety) Order 2005'.
Much obliged.
Some details of the property: Mid-terrace conversion, converted in mid 1970s. Four stories. Four flats. Only one 'household' in each flat (typically, one co-habiting couple in each flat, using the flat as their only residence). Each flat has a yale and chubb lock on its front door. The freeholder does not have keys to the flats, but has right of access under the lease. The only shared facilities are the front door to the building and the communal entrance hallway /staircase. The lease on the freehold/lessees is 999 years. Two of the four flats are sub-let on ASTs.
I am owner of a leasehold flat in a mid-terrace conversion. A few years back, we (the lessees) bought the freehold and set up a company to own it. I am now a director of the freehold company.
We have received a letter from the local council addressed to "the Owner/Manager" and saying that the council believes the building "may be in multiple occupation" and "if your property is in multiple occupation", draws our attention to a number of responsibilities, notably the Regulatory Reform (Fire Safety) Order 2005, under which we "must undertake a risk assessment of the communal parts"; and provides an email address to which we "could" [note, 'could', not 'must'] send the assessment report.
Is "being in multiple occupation" the same as being a HMO? And if so, are we one ? I have read a dozen web-sites about what constitutes a HMO (licenced and otherwise), but none of it seems to apply to a Freeholder of a (converted) block containing numerous self-contained flats. Only the staircase is shared. Is it the case that the council is just confused and thinks I'm a private Landlord? One of my fellow directors telephoned them to clarify, but the result was confusing.
Could someone please clarify whether a bog-standard, share-of-freehold small block of flats should be considered as "in multiple occupation" and if so, what are the Freeholder's obligations under 'Regulatory Reform (Fire Safety) Order 2005'.
Much obliged.
Some details of the property: Mid-terrace conversion, converted in mid 1970s. Four stories. Four flats. Only one 'household' in each flat (typically, one co-habiting couple in each flat, using the flat as their only residence). Each flat has a yale and chubb lock on its front door. The freeholder does not have keys to the flats, but has right of access under the lease. The only shared facilities are the front door to the building and the communal entrance hallway /staircase. The lease on the freehold/lessees is 999 years. Two of the four flats are sub-let on ASTs.