H. M. O housing rules, is it estate agents responsibility?

[robbocop33]

Was recently in a situation where the private let flat above me was occupied by 5,unrelated adults, and the local council guy across the road told me landlord didn't have a Houses of multiple occupancy license. (HMO).
Is it the private landlords responsibility to make sure he has this license, or is it the responsibility of the letting agent to tell the Landlord there are 5 unrelated adults staying there, and he'll need an HMO license? Thanks.

[surveyor_101]

yep landlord needs a licence and has extra obligations.

Normally over 3 forming more than one household they need one.

Weird a flat has 5 people in it how many rooms is it?

Check with your local council if they have one

[TooMany2cvs]

A reputable agent certainly should be checking, but ultimately it's the landlord's legal responsibility.

[SignalGruen]

Check with your LA but don't most need to be 3 storeys or more before a licence is required ? I'm not sure a flat that has been sublet requires one but I could be wrong depending upon the area.

[anonymous-user]

5 or more unrelated people who share facilities over 3 stories require a mandatory licence.

Regs are due to change shortly to encompass 2 stories.

Landlords responsibility.

What's the betting that none of the automatic fire detection and emergency lighting systems are in place either?

You have a fire waiting to happen above you I'm afraid to say.

Let your local private sector housing officer know, they should jump on this.

[Ardennes92]

No experience of this but seems strange that a private landlord using a letting agent should be responsible, what's he paying them for and how does he know how many "unrelated folks" are in there. Folks I know who use agents are all kept informed of all legislative requirements and a few recommendations as a bonus😀

[4x4Tyke]

Does the landlord even know?

I gather that illegal sub-letting rooms is rife in some cities with housing shortages.

[2Btoo]

Ardennes92 said:

No experience of this but seems strange that a private landlord using a letting agent should be responsible, what's he paying them for and how does he know how many "unrelated folks" are in there. Folks I know who use agents are all kept informed of all legislative requirements and a few recommendations as a bonus??

Owner of the flat is strictly responsible and this will be the landlord. The legislation will (/may) also hold responsible any 'managing agent' which comes down to the contract between the landlord and his agent, but a slippery letting agent will wriggle out of this if they possibly can.

4x4Tyke said:

Does the landlord even know?

I gather that illegal sub-letting rooms is rife in some cities with housing shortages.

Exactly this, sub-letting will almost certainly be prohibited by the AST but that doesn't stop it happening. Should the landlord check who is living there? Yes, he should, or he should employ an agent to check on his behalf.

To answer the OP: talk to your local housing office if you are bothered. The HMO legislation is a pain in the bum for almost all concerned but they should listen to your complaint.

[robbocop33]

surveyor_101 said:

yep landlord needs a licence and has extra obligations.

Normally over 3 forming more than one household they need one.

Weird a flat has 5 people in it how many rooms is it?

Check with your local council if they have one

It has two bedrooms.

[Sir Bagalot]

As others have said, did the LL even know?

A place near my BTL was let to a nice couple. The LL later found out that there were 32 Adults leaving in the house. Basically all floor space was used by matresses

[Jag_NE]

Sir Bagalot said:

As others have said, did the LL even know?

A place near my BTL was let to a nice couple. The LL later found out that there were 32 Adults leaving in the house. Basically all floor space was used by matresses

jesus christ!

slightly OT, our former next door neighbours had ten people living in their house. mam, dad, 4 kids, wife to one of those kids plus their two children. nice people as it happens but the noise generated by 10 people living in a 3 bed was not insignificant. the rub point was that they owned two other properties in the same street that they let out as opposed to living in a more civilised manner. one of them catches fire, roof collapses the lot. vietnemese “students” with a cannabis farm on the go. insurance wouldnt pay out as the insurance was for a single occupier basis and not multiple. so there is an insurance fraud element re the OP too, potentially.