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Question

Gas Safety (England) | Houses in Multiple Occupation (HMO) (England)

HMOs and gas safety certificate

19 Jun 2020 | 2 comments

HMO with 4 people thus a license is not required correct? If that’s the case then, does the gas cert need to be given to each individual tenant or can it be pinned up on the wall is it presently is required for HMOs?

Answer

2 Comments

  1. Imported

    02/06/2020 8:49 am

    Depends on how the tenancy is setup. If it’s a single joint and several tenancy, a copy will need to be given (although one copy for them all will be fine).

    If they are separate, depends if there’s a gas appliance in the part which they rent (e.g. boiler in bedroom). If there is a gas appliance in the room, must be given a copy otherwise can be displayed.

    Where there is no relevant gas appliance in any room occupied or to be occupied by the tenant in relevant premises, the landlord may, instead of ensuring that a copy of the record referred to in paragraph (6) above is given to the tenant, ensure that there is displayed in a prominent position in the premises (from such time as a copy would have been required to have been given to the tenant under that paragraph), a copy of the record with a statement endorsed on it that the tenant is entitled to have his own copy of the record on request to the landlord at an address specified in the statement; and on any such request being made, the landlord shall give to the tenant a copy of the record as soon as is practicable.

    guildy

  2. Imported

    On the HMO question, while four people sharing won’t make it a mandatory HMO, there is still a possibility of an additional licensing designation.

    Under S.56 of Part 2 of the Housing Act 2004, local authorities have the discretion to implement licensing of smaller HMOs that are not caught by mandatory HMO licensing (usually triggered by 3 or more unrelated sharers). HMO licensing does not distinguish between tenants letting by the room or one joint tenancy between them.

    Kammadata.com is a useful tool to check for any landlord licensing scheme affecting your particular property if you’re not 100% sure.

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