How Do I Get A HMO Licence?

How Do I Get A HMO Licence?

How Do I Get A HMO Licence?


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Home Page > Finance > Real Estate > How Do I Get A HMO Licence?

How Do I Get A HMO Licence?

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Posted: May 17, 2008 |Comments: 0
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Houses in Multiple Occupation (HMOs) have received a lot of press attention recently, both good and bad. As a result, people are now either wishing to jump onto the HMO bandwagon, or want nothing to do with them.


If you have any interest in property investment whatsoever, you must familiarise yourself with HMO regulations.


Landlords already running HMOs in England had until 3rd July 2006 to present their applications to their local councils. Any landlord who owns a property that has been let out to sharers may thus be breaking the law if he has not already registered that property.


From 6th April 2006, the Housing Act 2004, has meant that there is a new definition of a House in Multiple Occupation (HMO). Anyone considering a career in property investment in the UK should familiarise themselves with the Housing Act 2004. You can easily download this from the internet.


HMO legislation has been introduced for several reasons:


* To improve the condition of rented housing stock.


* To reduce the number of unscrupulous landlords letting substandard and potentially dangerous property.


* To improve management standards of rented property.


* (Indirectly) To increase revenue for local councils through what is effectively a landlord’s tax.


* (Indirectly) To compile a register of rented property stock.


It is hoped that HMO legislation will result in a much better deal for tenants by removing rogue landlords from the system. However, as with most things, the better landlords will now have to go through additional red tape to provide a similar service to what they have already been providing.


To get a HMO licence you will need to submit a completed application form obtainable from your local council. As part of your application, you will need to include floor plans providing room sizes and an indication of current fire precautions in your property. You will be required to prove the safety of any fire detection system by providing a certificate issue by a suitably qualified engineer.


You will also need to submit a current Gas Safety Certificate. You can obtain this from any CORGI registered gas engineer. An electrical safety inspection will also need to be conducted by a qualified electrician and an electrical safety certificate issued.


If you are providing any electrical appliances, you will need to have a PAT (Portable Appliance Testing) certificate issued by an electrician. This will cover items such as electric kettles and toasters etc.


You will also need to prove that you have suitable management arrangements in place. For example, deposit procedures, tenancy agreements and procedures for dealing with anti-social behaviour.

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Javaid Kiyani -
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Dr Javaid Kiyani is a successful Property Entrepreneur. His vast knowledge of property investment is evidenced by the books he has written. For a FREE course including regular advice and tips on property investment, please visit:

http://www.hmopropertyriches.com

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Rental Agreement vs. Leave and Licence Agreement (Differences)

Rental Agreement vs. Leave and Licence Agreement (Differences)

Rental Agreement vs. Leave and Licence Agreement (Differences)


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Home Page > Law > Rental Agreement vs. Leave and Licence Agreement (Differences)

Rental Agreement vs. Leave and Licence Agreement (Differences)

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Posted: Sep 01, 2010 |



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Rental Agreements vs. Leave and Licence Agreements

The terms rental agreement and leave and licence agreement are often used interchangeably, but in fact there is a significant difference between the two.

Rental Agreement

Rental agreements are also referred to as tenancy or lease agreements. In rental agreements, there is a transfer of interest from a lessor to a lessee. If the premises are given on tenancy, there is an element of irrevocably (or immovability) by the owner except on the grounds for eviction mentioned under the Rent Act.

Leave and Licence Agreement

The phrase “license” was defined in Section 52 of the Indian Easement Act, 1882 [ACT NO. 5 OF 1882] [17th February, 1882], as follows: “Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license”.

Licence does not create any interest in the premises in favour of the licensee excepting a mere right to use and occupy the premises for a limited duration in consideration of the price paid. Licence only creates a right or interest in the immovable property to do something, under the authority of the grantor of the licence.

Every license is governed by the provisions under the Indian Easement Act. When any property is given on leave and license, the agreement is known as leave and license agreement.

A leave and license agreement can be terminated according to the terms of the agreement, and the owner can demand the possession back from the licensee.

The classification of an agreement

The question whether a certain agreement to occupy an immovable property is an agreement to lease or an agreement of leave and license has been a subject of many court judgments.

Ever since the introduction of the Rent Acts and security of possession given to the tenants by law, agreements of license have come to be viewed with suspicion that they are a disguise taken by the landlords. According to the courts, the classification of an agreement and the real nature of the transaction has to be determined through construction of the document as a whole and not based on particular words used in the document.

From the various judgments it can be said that the tests laid down to decide whether an agreement is a lease or a license are – what was the intention of the parties and whether the agreement creates an interest in the property.

Where one person grants to another, a right to do something in the immovable property of the grantor, and such right does not amount to an easement or an interest in the property, it is a licence. A licence may be granted by anyone to the extent to which he may transfer his interests in the property affected by the licence. The grant of a licence may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a licence.

How do I make sure that my agreement it the right one for me?

India Contract is India biggest resource for free English contract and agreement samples. India Contract is a pro-bono website formed by three contract management experts.

India contract offers a wide variety of contract samples as illustrative materials. By viewing

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India Contract is India biggest resource for free English contract and agreement samples. India Contract (http://www.contracts.org.in) offers a wide variety of contract samples as illustrative materials.

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I am renting my basement to my daughter and her family until they find a place of their own. I was wonder if I a promissory note would be a legal rental agreement
A business purchase agreement had a clause that required us to assume a lease. We found out that the co is not going to be able to renew the lease so the agreement is now void. Can they do that?

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