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Small premises exception


Although the law is different if you’re living in the property you’re advertising, it’s dependent on something called the ‘small premises exception’.

It only applies if:

  • You or a relative* of yours will be living in another part of the same property and intend to continue living there
  • You (or your relative) share part of the property with the other residents. This doesn’t include common accessways (like corridors and stairs) and common storage areas
  • The most likely shared parts will be kitchens or bathrooms; and either:
    • The property includes accommodation for at least one other household, which is separately let, but cannot accommodate more than two other separately let households; or
    • The property is not normally sufficient to provide residential accommodation for more than six people (in addition to you or your relative and your household members)

* The legal definition of ‘relative’ includes:

  • a) spouse or civil partner
  • b) unmarried partner
  • c) parent or grandparent
  • d) child or grandchild
  • e) the spouse, civil partner or unmarried partner of a child or grandchild
  • f) brother or sister (including half brothers and sisters)
  • g) a relative within paragraph (c), (d), (e) or (f) whose relationship is a result of marriage or civil partnership