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HMO exemption query

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Hi, I have a question re the exemption list for HMOs. I have a property in Camden where they have made the licensing compulsory for all multiple occupancy dwellings which is a bit annoying, although not the end of the world.

My understanding is that my flat is exempt because it is in a Council controlled building ie Camden own the building and 2/3rds of the 36 flats are rented to Council tenants. I am one of the leaseholders in the other dozen units. I am about to get new tenants in and thought I should get a second opinion on my reading of the legislation.

The following is the relevant section from the Act

Introduction: buildings (or parts) which are not HMOs for purposes of this Act (excludingPart 1)

1(1)The following paragraphs list buildings which are not houses in multiple occupation for any purposes of this Act other than those of Part 1.
(2)In this Schedule “building” includes a part of a building.

Buildings controlled or managed by public sector bodies etc.
2(1)A building where the person managing or having control of it is
(a)a local housing authority,
[F1(aa)a non-profit registered provider of social housing,]
(b)a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52)

ie the Council owns and controls the building (but has a lower degree of ownership and control over my flat?) and I have a lease from them for my unit. So is my flat exempt or does the exemption just apply to the units that are rented to Council tenants ?

I assume a number of others have the same issue and any help on this would really be appreciated.

Kind regards

17/05/2019 02:15

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