# Are these scenarios HMO or not?

**URL:** <https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133>\
**Category:** Legal\
**Created:** [3 March 2020 19:07 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133 "2020-03-03T19:07:33Z")\
**Posts on this page:** 10\
**Page:** 1

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**Author:** ![Richard11](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/richard11/32/1428_2.png) [@Richard11](https://community.openrent.co.uk/u/Richard11)\
**Post date:** [3 March 2020 19:07 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/1 "2020-03-03T19:07:33Z")

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I’m trying to understand the definition of a HMO and, whilst it’s often clear cut, there are a couple of scenarios where I’m not quite so sure and it would be good to get clarity:

1. 3 people - an unmarried couple sharing with the sister of one of the couple
2. 3 people - an unmarried couple sharing with an unrelated friend of one of the couple
3. 2 people - both friends but unrelated

Can anyone please advise?

(Assume two bedroom with shared bathroom, kitchen and lounge)

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**Author:** ![Colin3](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/colin3/32/450_2.png) [@Colin3](https://community.openrent.co.uk/u/Colin3)\
**Post date:** [3 March 2020 19:49 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/2 "2020-03-03T19:49:21Z")

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When you find out let me know.!!

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**Author:** ![Andrew8](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/andrew8/32/515_2.png) [@Andrew8](https://community.openrent.co.uk/u/Andrew8)\
**Post date:** [4 March 2020 18:27 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/3 "2020-03-04T18:27:24Z")

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this is very easy to find out, just contact your local council private housing sector (HMO) and they will tell you for sure.

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**Author:** ![Chris35](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/chris35/32/2632_2.png) [@Chris35](https://community.openrent.co.uk/u/Chris35)\
**Post date:** [6 March 2020 03:33 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/4 "2020-03-06T03:33:53Z")

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It used to be a correlation of the number of individual tenants and the number of storeys in your property.

I cannot quote the figures as I believe they have changed the criteria since I last checked some years ago.

I would follow Andrews advice, and check with your local authority housing department.

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**Author:** ![Katherine2](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/katherine2/32/7355_2.png) [@Katherine2](https://community.openrent.co.uk/u/Katherine2)\
**Post date:** [8 March 2020 11:11 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/5 "2020-03-08T11:11:56Z")

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Scenario 1 and 2 are both HMO’s. Whether they are licensable or not will depend on the local authority.

The government definition is ;

A [house in multiple occupation](https://www.gov.uk/renting-out-a-property/houses-in-multiple-occupation-hmo) (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’.

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**Author:** ![Richard11](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/richard11/32/1428_2.png) [@Richard11](https://community.openrent.co.uk/u/Richard11)\
**Post date:** [9 March 2020 18:30 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/6 "2020-03-09T18:30:13Z")

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That makes sense however there is a second part to the definition you linked to:

> A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.

In a scenario where A and B are a couple and live with C (who is the sister of B), B appears to be living in a single occupancy household - because they are related to C and living together with A.

Hence my confusion!

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**Author:** ![mi62014](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/mi62014/32/528_2.png) [@mi62014](https://community.openrent.co.uk/u/mi62014)\
**Post date:** [9 March 2020 22:48 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/7 "2020-03-09T22:48:01Z")

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Hi Richard,

That follows my understanding of the rules too. Only the second example is a HMO.

Mike.

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**Author:** ![Sally](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/sally/32/153_2.png) [@Sally](https://community.openrent.co.uk/u/Sally)\
**Post date:** [19 March 2020 01:29 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/8 "2020-03-19T01:29:28Z")

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I agree mi62014. I remember Tessa Shepperson did a little training video on all this. Scenario 1 is not an HMO as they all relate through B. If there were 4 people, where D was partner to C, and C or B left the houseshare, the relationships fall apart and it becomes an HMO. Weird because you would think 4 people is a more risky set up fire-wise than 3 people, but I believe that is the case!

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**Author:** ![Sidney1](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/sidney1/32/1871_2.png) [@Sidney1](https://community.openrent.co.uk/u/Sidney1)\
**Post date:** [25 April 2020 11:48 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/9 "2020-04-25T11:48:26Z")

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andrew8 is spot on. an hmo is essentially non related people not forming a “family” group whom share some facilities. …then you get into is it 3 storey, are there 5+ people , is there a safety case etc. so its smart to talk to the council and they do actually vary between councils

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**Author:** ![system](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/system/32/11_2.png) [@system](https://community.openrent.co.uk/u/system)\
**Post date:** [16 August 2024 01:50 UTC](https://community.openrent.co.uk/t/are-these-scenarios-hmo-or-not/10133/10 "2024-08-16T01:50:24Z")

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