Mixed Self-Contained and Non Self-Contained Units
My question relates to a terraced Victorian property comprising basement, ground floor and second floors. The property is in the London Borough of Hammersmith and Fulham where an Additional Licensing Scheme is being introduced.
The property has a one-bedroom flat in the basement with a second one-bedroom flat on the ground floor.
The basement flat has its own stairway and front door and the internal staircase to the ground floor has been removed. The ground floor flat is accessed via the main hallway and street-level entrance to the property. The two flats were constructed prior to 1991.
The first floor contains two bedsit rooms as well as a shower room with toilet and basin. The second floor contains three rooms that are currently unused, as well as a bathroom and toilet for general use.
Currently, there are two tenants living in the basement flat and one in the ground floor flat. One of the bedsit rooms on the first floor is occupied, the other empty.
The current level of occupancy (4 persons) does not require mandatory licensing.
If the second bedsit room on the first floor were to be let out, what would be the situation?
What would be the total effective number of persons in the HMO? Would be this 5 (mandatory licensing), 3 or 2 depending on whether the basement flat and ground floor flat, ground floor flat or neither self-contained flat be included in the person count?
Assuming that this is higher than 2, would the property count as an HMO for Additional Licensing, even though only two persons are actually sharing the washing facilities?
Alternatively, would the entire property be a 'Converted Building', thus requiring Additional Licensing if more than 2 people occupy the sum of all the units, whichever are occupied?
If the basement flat (and / or ground floor flat) were to be brought up to 1991 building regulation standard, could these be taken out of the equation when working out the number of people in the HMO?
Any advice would be most appreciated.
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