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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9582
Experience:  Dual qualified Solicitor and Attorney
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I have a number of questions about HMOs (House of Multiple

Customer Question

Hello,I have a number of questions about HMOs (House of Multiple Occupancy).1- Can a property be registered as an HMO even if all of the rooms have their own bathroom/toilet and kitchen in the form of studios?2- The planning approval documents of the property states that the car park is for use of a specific flat? Can it be rented out to the occupier of this flat or other flats in the same property?3- The planning approval documents state that the garage is for use of all occupants. Is this a legal requirement or can it be used for other purposes, such as storage for personal, house-related equipment of the landlord?4- Is there any legal obstacle for renters to register a home-based business in an HMO?Looking forward to your reply,Kind regardsVatandas
Submitted: 17 days ago.
Category: Property Law
Expert:  Virtual-mod replied 16 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

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Customer: replied 16 days ago.
Hello,
I dont mind waiting for an expert to answer the questin assuming that this will be done in reasonable time.
Thank you
Expert:  Jeremy Aldermartin replied 15 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 15 days ago.

1. The usual classification of an HMO is that the property has shared areas this would usually be a kitchen but could be a common area such as a living room. if no such shared areas exist then it would not be an HMO

2. It could be rented out by the occupier of the flat

3. That is not a legal requirement, for example the occupants could agree it could be used for the landlords storage

4. No

I trust this assists

Customer: replied 13 days ago.
Dear Jeremy,
Thanks for your answers.
If you don’t mind, I will put my case below in the hope to get your advice in a bit more detail.
I am currently living in a so-called HMO.
My rental contract has a clause for which I pay a car rental fee for a parking place (apparently allocated to my flat according to planning documents). Can I sue the landlord for that?
I also wanted to register my home-based business initially, yet the landlord put a clause to the agreement to prevent me from doing so. I assume I can't register my business as it is in the rental contract. Right?
I have a feeling the landlord tends to cut corners. Apparently, the company that I made my rental contract with is a dormant company. Can dormant companies get into legal rental agreements, let alone be the licence holder of an HMO?
If I wanted to proceed with a law case, can you make any suggestions?
Expert:  Jeremy Aldermartin replied 13 days ago.

You cannot sue the landlord for a parking place. You cannot register the business if the lease says you cannot. The company cannot enter into an agreement if it is dormant. I trust this assists