What happen when 3 students live in a non-HMO flat?

Hi guys, I am an international student who will start my course this September. Another 2 friends of mine and I are looking for a flat and we found one with a decent price and not so far away from our campus. However, the landlord said that his flat is not a no-HMO, yet he still agrees to let us rent the place, as long as we don't cause any troubles. Since we are all international students, we are not sure of the letting regulations, may I ask what happens if we rent the place? If things were found out, would it affect our visa status? Would we have to pay any fine? I am pretty confused now. We have been looking for a flat for a month and so far this is the only place that offers us the property. Besides from the HMO issue, the landlord has a valid registration number. It would be nice if I can hear more advice from you guys. Thank you

Hi guys, I am an international student who will start my course this September. Another 2 friends of mine and I are looking for a flat and we found one with a decent price and not so far away from our campus. However, the landlord said that his flat is not a no-HMO, yet he still agrees to let us rent the place, as long as we don't cause any troubles. Since we are all international students, we are not sure of the letting regulations, may I ask what happens if we rent the place? If things were found out, would it affect our visa status? Would we have to pay any fine? I am pretty confused now. We have been looking for a flat for a month and so far this is the only place that offers us the property. Besides from the HMO issue, the landlord has a valid registration number. It would be nice if I can hear more advice from you guys. Thank you

Take a look at these two sources: https://www.savethestudent.org/accommodation/what-are-your-rights-as-a-tenant.html and https://england.shelter.org.uk/housing_advice/private_renting/houses_in_multiple_occupation_hmo

It sounds pretty dodgy if your landlord won't register their property as a HMO. It seems like he's trying to avoid the extra legal responsibilities he'd have as a HMO landlord, which could compromise your safety primarily. If he indeed should be registered but isn't, then he's the one that would be fined.

Thank you for your information. I also did my online research and fully acknowledge that the landlord will be the one who gets fined, but since my friends and I all worry that renting this place means that we are breaking the law, which makes all of us kind of confused and scared at the moment. I have been looking on the internet to see what happen to the tenants, but I got no answer, all of the articles stated that the landlord would be fined, not the tenants. Still, this worries us sick.

Had to look up what it was.
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/houses_in_multiple_occupation_hmos


If he isnt HMO then he is breaking the law, but you are going to have to gauge whether you can get a fair deal and the property is decent.
If you take it you wont have the protection of a HMO, but as long as you pay and the house is decent, then it could be ok.
I dont think it would affect visas as it is LL responsibility. he could legally rent to 2 of you or a single person and a couple.
Is he demanding big payments in advance?
It is a risk just use some common sense.

Speak to CAB


https://www.cas.org.uk/bureaux?postcode=edinburgh

Thank you for the links but since I am abroad, I guess I cannot give a ring to CAB at the moment. The reason that makes me wonder is that the flat is in a pretty good condition and has enough facilities for 3 students. Since we are not sure if we could find another flat like this one, with decent price like this, we are still discussing if we should take it or not. The flat has everything we need, plus fire escape nearby, and the fire alarms and the carbon monoxide alarm inside too. We have been searching on Zoopla, Rightmove, etc to find a flat for 3 with HMO but it comes to a dead end. Most of the place that has the license is over our budget.
To answer your question
No, he is not asking for a big payment, just 1 month of rent as a deposit, my friends assure me that it's ok, but I cannot get rid of the feeling that this would affect our visa

You can get a calling card, skype or just email. Id rather you ran it past the uni or uk visas or ukcisa. This is Scottish law so not in my area. My instinct is that the responsibility is his and you do not get the associated protections as linked. Please read them. If Phoenix is Scottish will leave it to him.

HMO rules are set by your local authority; check their website to see the rules regarding HMOs. It seems your landlord is admitting that he is acting against the local rules, so I guess that settles the issue.

If you are living in a non-registered HMO, there are all sorts of implications regarding your liability for rent and ability to be evicted. In many senses, notwithstanding the lack of proper supervision of the flat by the LA, you are in an advantageous position because your landlord is breaking the law.

I think they get that. Do you know the visa position?
Would you take such a property as an international student (notwithstanding we havent seen, but less assume its a bargain)?
I think I would.

Depends upon what you make of the landlord. If he's a good upstanding businessman, who just happens to have this property and can't be bothered with the fuss of making it compliant with local laws (or seeking an exemption), then I would not be bothered. If he is just a wheeler dealer, then how do you think he'd react when the boiler blew and you needed urgent repairs? I think you have to understand whether or not you trust your landlord.

I don't know the position as against the visa.

Scots appear to have much more generous rental agreements than the UK.

*nods* I find myself constantly gobsmacked by the conditions of English tenancies, student ones especially.



One thing i'd add, if you go ahead with it. be VERY clear about who is responsible for the council tax, for HMO's it's generally the landlord, otherwise it's down to you.....if you're sharing with strangers this can be a nightmare, but if you know the other 2 you should be able to be civil about it.

You wouldn't face any legal ramifications as far as I know, but you may have to move if the landlord suspects you of reporting him (if he gets found out) and becomes difficult. Have you looked into private halls to share with your friends?