Lodger HMO if rented

If a couple rent a property from a LL and then take in an adult lodger have they created an HMO? (all share one bath/kit/sit)

Fully aware that if the couple were to leave then the LL is left with a big issue. Just want the theory.

If theyre untelated then yes, they have and the HMO management regs would apply. Check your Councils website to see if a licence is needed for a 3 person HMO

So if a couple OWN a house and have a lodger it IS NOT an HMO but if a couple RENT a house and have a lodger it IS an HMO. Is that your understanding?

What is the definition of HMO in the UK?
A house in multiple occupation ( 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

House in multiple occupation licence - GOV.UK
From government website

Yes, owner-occupiers are allowed up to 2 lodgers without the property becoming an HMO regardless of the number of people in their own household. Tenants don’t have the same facility

Thank you David 122.

Most tenancy agreements specifically prohibit this sub-letting.

I’m just trying to work out what triggers the HMO. My daughter and partner are the tenants and want a flatmate. I don’t want an HMO. So it’s all a bit unusual but I want it to be legal.

Hi Luncinda,

there is so me useful information on the law here

The basic issue is if they sublet it will create an HMO.

You would then need to licence the property as an HMO - You as the highest tie landlord have to licence this even if you allowed your tenants to make their own contract with the subtenant To protect your interests YOU should create a tenancy agreement with the 3rd person. They should pay YOU rent and you if you wish can then discount their rent as they are now sharing the poperty with your tenant.

You will have to pay licensing fees (but you can use these as expenses against tax - this will reduce your additional costs by about 20% or what ever the tax rate is for you as long as it doesn’t push you into a higher tax band.in which case it could be VERY expensive! .

The exception to this is if the lodger was seen as part of your tenants household chipping in with costs and not paying ret but approved by you as a permitted occupier, but they would then not be a lodger just part of your daughters family. . BUT this would usually disadvange them all as it can reduce their right to benefits and increase their tax liability!

And it just aint worth any fiddles as if the lodger later says they paid rent you and you daughter are all in big trouble!