SMF - Just Installed!

HMO property - Does the deposit have to be protected?

Started by Ibiscus, May 26, 2015, 02:59:31 PM

Previous topic - Next topic

Ibiscus

Hello there,

I am renting out a flat with 5 bedrooms and I have 5 separate tenants, each with a separate contract. I have used a simple month to month rolling contract, with a 4 months minimum stay and a 5-week notice from both parties.

I have read that being an HMO (House in Multiple Occupation) property the contract is not an AST but a Bare Contractual Tenancy Agreement, and that this does not require the deposit to be protected into the scheme.
A Bare Contractual Tenancy is described as when you rent a property where the combined rent is over 25,000 per year: http://www.findlaw.co.uk/law/property/tenant_rights/8872.html

Could someone let me know if this is correct, as I am serving notice to the tenants with a 2-month notice, and I would like them to leave without grounds for arguing.

Thank you very much!

Ibsicus

Riptide


Ibiscus

Hello Riptide,
Yes, the whole rent of the property (considering the rents from the 5 tenants) is well above £25K.

Thank you,

Ibiscus

Hippogriff

Take a look at this...

https://www.depositprotection.com/legislation

...the point being the £25,000 limit for ASTs was raised (years ago, I believe) to £100,000.