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Houses in Multiple Occupation Rules in Relation to 2-storey Houses?

Suppose a landlord has a 2 storey, 3-bedroomed house, not covered by mandatory licensing (as it’s less than 3 storeys) and assume also that the local authority has not extended licensing locally to smaller HMOs.
In this scenario is there anything to stop a landlord putting in six or more tenants in such a property and staying outside the HMO regulations? If so, what regulations would then apply to prevent this?
This is a tough question which even I did not know the answer too and I’m grateful to the guys at the Residential Landlords Association at http://www.rla.org.uk/ for supplying the answer.
The RLA experts say that the property would, of course, be an HMO (assuming the tenants are not members of the same family). However it would not nned a license as it is only three storeys.

'Elf and Safety
But a landlord trying to stuff it full of tenants would be stopped by other rules. The legislation applying would be: the HMO Management Regulations, the Housing Health & Safety Rating system coupled with Part 1 of the Housing Act 2004 which provide local authorities with the powers to deal with any hazards at the property, the Housing Act 1985 Part X which deals with minimum room sizes and the Housing Act 2004 which deals with the prevention of overcrowding in HMOs.
So there you have it!
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LettingFocus.com are the experts on landlord issues and I’m David Lawrenson. I have been a landlord and property investor myself for over 25 years and am author of “Successful Property Letting” – which has been the UK’s top selling property and buy to let book for the last 3 years.
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