Q. I rent out a six bedroomed property to a family who have several family members living there – for example the husband’s niece, his elderly mother and his cousin as well as his wife and two children. I understand that, as these are all family members, this cannot be an HMO. However, the Local Authority seem to think otherwise. They have just served an HMO Declaration document on me. What should I do?

A. Don’t ignore it! If your property is not an HMO, and it sounds from what you say as if it cannot be, then you need to challenge the declaration.

You should be successful as you are quite right, where all occupiers are related, they will all form one ‘household’. It is not possible for there to be an HMO where there is only one household – however many people there may be living at the property.

The paperwork served on you should give guidance on what you need to do to challenge it. If you want assistance, my firm provides a special solicitor’s telephone advice service for HMO issues, which you can read about at landlordlaw.co.uk/telephone.

Q. I rent out a flat to three nurses who share accommodation. Is this an HMO, and if so, what do I need to do?