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Is an owner-occupier with lodgers an HMO?

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Hello all you knowledgeable people.

My situation is that I am a single individual, a freeholder with no mortgage, and I let three rooms, each to one lodger, and I live on the premises occupying the 4th bedroom and we all share a bathroom a kitchen a dining room and a living room.

Now, some sites say that an owner-occupier with three lodgers is an HMO and other sites say that it is not.

Although I have read all the threads on HMO and have also consulted the webpage of my borough council, I STILL have not managed to establish whether my house is an HMO. I do not want to ask the council to assess my particular situation as, if I am an HMO I would rather just get rid of one lodger.

Here is what my council website says applies to our borough:

The following types of building are Houses or Flats in Multiple Occupation:

1 An entire house or flat which is let to three or more tenants who form two or more households, and who share a kitchen, bathroom or toilet

2 A house which has been converted into bedsits or other non self-contained accommodation, and which is let to three or more tenants who form two or more households, and who share kitchen, bathroom or toilet facilities

3 A converted house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom or toilet) and which is occupied by three or more tenants who form two or more households

4 A building which is converted entirely into self contained flats, but the conversion did not meet the standards of the 1991 Building Regulations, and less than two thirds of the flats are owner occupied


My house is just a normal 3-storey, 4-bed family house, not converted, no room or part of the house is self contained, no loft conversion or basement is involved, and none of my lodgers have tenancy agreements, so presumably they don't come under clause 1, either.

I am thinking about buying a similar house but with 5 beds, and have four individual lodgers. Would that make any difference to anything?


Thanks

Hastings

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