LL with no HMO licence - breach of tenancy agreement?

[indiebhoy]

I am renting a room in a house which has 5 separate occupants the LL doesn't have an HMO licence. Can this make the tenancy agreement void?

 

I've only been living here for a month and the house is not in good shape and would not meet the health and safety standards required. I moved in at the last minute because I was let down by another landlord and had no other choice and would like to get out of this contract and get my deposit and fees back.

[mariner51]

Why not just leave? If LL is running an unlicensed HMO (how do you know?), then he is unlikely to chase you through the Courts.

Sounds like a hostel.

[indiebhoy]

No, it's a proper house. It used to be his family home. But it's a bit of a mess and not suitable for 5 adults. I actually didn't even know what an HMO was until the other new housemate brought it up. She mentioned it to the solicitor who drew up the contracts and he said it wasn't a problem and that they could get a licence if they wanted but he wants to move back into the house at some point so didn't want to get one. Which sounds like rubbish because he's been renting it out for over a year and we all signed 12 month contracts last month.

 

I paid a considerable deposit, which is in one of those safe deposit schemes, and fees for a reference check so I want to make sure I can get that money back before I start making any threats.

[raydetinu]

The house must be at least 3 storeys high ( with 5 or more separate occupants ) to definitely require a licence; however the actual requirements will be set by your LA, so you need to check with the council.