HMO License - Mortgage restriction

Landlord Discussion Legal
1

I am a live in landlord and have 3 lodgers with me.

I honestly didn’t believe I needed a HMO license for having 3 lodgers.

the council are now investigating and I am having sleepless nights, I cannot apply for a HMO license as I have a residential mortgage that restricts this and if I apply the council will let them know.

I will probably be fined anyway, but how do I ensure I’m compliant now?

Do I say to the council I can’t apply for hmo due to housing restrictions without mentioning the mortgage?

Can I reduce occupancy to below HMO threshold legally by serving notice on a lodger?

2

You would have to evict two lodgers to be under the HMO requirement (assuming none of your lodgers are related).

3

Apparently I would only have to evict 1 as I a landlord can live with 2 lodgers before it needs to be licensed the question is can I evict whilst being investigated

4

Yes, thats correct. You can have 2 lodgers as an owner-occupier.

I would suggest you get some independent advice from a mortgage broker first on how your lender would react to you having an HMO licence. They may be ok as your still resident and have the right to evict quickly if necessary. Or they may not.

5

pay one to leave? Cheaper in the long run

6

My solicitor recommended the same but your not allowed to bribe them especially during an investigation