Updating post from Reddit.

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QUESTION
Posted by EggplantOk7510 3 weeks ago
Live in landlord - can I do this?

Currently a live in landlord in a 4-bed house with two lodgers. so far so good.

Can I sublet my room if went away for a few weeks, or use it as short term let (ie Airbnb) while I’m not there. Or does this fall foul of hmo rules

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Posted by PetersMapProject 3 weeks ago

I will second the advice from other people that this is a terrible idea from a legal point of view.

On a practical note, your lodgers should not be expected to put up with having the room to put on Airbnb etc. Airbnb people will treat them like a concierge and have unrealistically high standards for things like cleanliness and bathroom access. 

You can also bet your bottom dollar that the Airbnb people will use your lodgers kitchen stuff and fail to wash up, or worse. 

There's also the safety and security element, especially if there's no locks on the bedroom doors. 

Just living next door to an Airbnb is bad enough. Being expected to put up with the guests in my own home while the landlord swans off to whereever? I'd be moving out.

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Posted by EggplantOk7510 3 weeks ago

You’re making a whole lot of assumptions slow down chap.

The room id Airbnb has its own bathroom and cooking facilities - they have their own floor.

Also tenants were aware of and happy with my intentions. Locks on doors also.

Legality is another question ! So I’m asking here

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Posted by PetersMapProject 3 weeks ago

If your bedroom has its own kitchen and bathroom then are your lodgers actually lodgers? 

I sure hope that you are sharing a living room with them because otherwise you've got bigger legal problems. 

Everything I said about security risks and treating your lodgers like a concierge still applies. 

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Posted by EggplantOk7510 3 weeks ago

Yeah shared living room.

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Posted by mousecatcher4 3 weeks ago

I would definitely not do this. It is taking way to much of a risk that you will find that your lodgers are no longer lodgers. Going on holiday for a week or two and leaving the room vacant is one thing. Letting it out to someone else for a month is something different.

Imagine you arrive home to find yourself locked out of your house, and you have to go to court to prove your case.

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Posted by EggplantOk7510 3 weeks ago

I don’t understand - how would I be locked out ?

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Posted by mousecatcher4 3 weeks ago

The three "lodgers" will get together and decide that you are no longer a resident landlord and change the locks. You entering will then become a criminal offense (unless you can prove it isn't). Especially if the three weeks on Airbnb recurs more than once.

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Posted by EggplantOk7510 3 weeks ago

Thanks that makes sense 👍

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Posted by -Frankie-Lee- 3 weeks ago

Your tenants could change the locks

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Posted by Content_Penalty2591 3 weeks ago

You'd have to seriously up the fire safety precautions with things such as every door opening on to the fire escape route being fire doors, smoke alarms in every room, hallway, and landing etc.

Look up fire safety for small guest paying accommodation.

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Posted by EggplantOk7510 3 weeks ago

NOTE - the property would at all times remain my primary residence

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Posted by Any_Objective_4948 3 weeks ago

Yes, once it hits three it becomes a HMO and your lodgers then all become tenants.

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Posted by JohnMcAfeewaswhackd 3 weeks ago

Would that apply to a person who owns and lives in a 5 bedroom house and lets 2 of his friends sleep in rooms and keep their stuff there? Is there any difference if he does or doesn’t accept money for that?

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Posted by Main_Bend459 3 weeks ago

It becomes an hmo yes. Whether there is a licensing scheme for it varies area to area. Just because it becomes an hmo doesn't automatically make them tenents. Op says they have 4 bedrooms. So technically they could rent 3 bedrooms out to 3 lodgers and have one bedroom themselves and they would still be lodgers.

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Posted by Large-Butterfly4262 3 weeks ago

It depends on the area. Nationally, in England, it is actually 5 people for hmo licensing unless you live in a local authority who run selective licensing in which case it’s 3. If it’s lodgers, the owner doesn’t count for the households.

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Posted by Main_Bend459 3 weeks ago

You say you have 4 bedrooms so why not use the 4th unused bedroom? It will become an hmo but whether you will need planning permission or a licence will be down to the local council.

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Posted by EggplantOk7510 3 weeks ago

Yes thanks following what people have said I was going to do just this.. would a Airbnb guest count towards HMO though ? I’d have thought not

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Posted by Main_Bend459 3 weeks ago

I would say ask your council but my experience (as I had a similar question before) is they don't know either and you could get 2 different answers. I would errr on the side of caution though and say it was. Whether that means you need a licence or not is whether your council has selective licencing or not. You will need to do self assessment tax for any income though.

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