Do I have an HMO?

New HMO planning regulations as of April 2010

As of April 6th 2010 the laws governing HMOs have changed. The main change that will affect rental accommodation is to the classification of rental properties based on their usage.

The previous classification system included 2 basic categories relevant to rented accommodation:

• Single dwelling - A house or flat let to one family or up to 6 tenants living as a single household
• HMO - Including bedsits and larger shared houses

The new classification system adds a further category for shared houses with 3-6 tennants living as a single household, taking them out of the 'single dwelling' category

A landlord who owns a property that is currently let to a family but wants to let it by the room or to a group of 3-6 tenants (whether students, friends or young professionals) will need to apply for planning permission to do so (this process incurs a cost, currently £335).

Important points to consider

• The changes are not retrospective so should only take effect when you want to change the way a property is used
• There is an automatic right to revert to a single dwelling after having been an HMO but no automatic right the other way round. This could mean that, if you change use from a shared house to a family house, you may need to apply for planning permission to change back
• HMO licenses had to be granted as long as certain criteria were fulfilled. Planning rules are discretionary so will be affected by both local and national policy

HMO and lodgers

The new classification will apply to live in landlords who take in more than 2 unrelated lodgers. If more than 2 unrelated lodgers live with a landlord then the landlord may have to apply for planning permission

For more detailed information on these changes (including a great downloadable in-depth guide) visit the Resident Landlords Association page- (the downloadable guide is at the bottom of the page).