Objecting to an HMO application

twinklefish

Has anyone here sucessfully objected to an application for an HMO licence? Any tips on valid objections?

My friends parents have just found out that the owners of the flat above them are applying for a licence. As they are fairly close to one of the local universities they are concerned at the prospect of 3-5 students living it up above them!

Already the owners have been reluctant to speak to them face to face (notes through their door only) and they have failed to display the notice for the required period. The notice is dated the 17th but only appeared yesterday, the 21st so that's not a good start!


Twinklex

Debt_Free_Chick

Are you sure they have the right to object?

I thought that if a property met the conditions and the LL was a "fit and proper person" that a license would be issued.

I didn't think there was a need to consult neighbours, unlike planning applications

twinklefish

In Scotland you can object to an HMO licence application. In Aberdeen, if no objections are received, then a licence is granted by Neighbourhood Services dept. If objections are received it goes to the licencing comittee.

They are concerned because the most likely tenants for an HMO in the area are students. It's a block of 4 self contained flats and other residents are retired or older people. Because of the size of the flats, 3 beds, the area tends to be older people who have lived there for a long time or younger families.

The reason the owners can't get a family to rent is because the rent is too high for the area. Probably set at that price due to the fact they payed the most amount for a flat on the street just as the market was turning and prices were flattening out or dropping. Obviously, the most sensible thing to do as a BTL!!! :rolleyes:

pinkshoes

If the owner complies with all the relevant regulations, I'm not sure one what grounds you could object.

If they get students living above them, they could make sure they have the phone number of the letting agent to report any noise or antisocial behaviour to them.

I live in a block of 16 flats, which are about 60% owner occupied, and 40% rented. Those renting them out were asked to pick suitable tenants who would fit in with the lives of those working 9-5 ish Monday to friday. We've only had 1 landlord who let to students, and after the person below them and to the side of them complained several times, they were given their notice to move out after their 6 month contract ended! The landlord soon learnt that if they didn't put "nice" tenants in, then they would have to find new ones every 6 months!

poppysarah

You have a right to quiet enjoyment of your property. If a flat full of students is going to disturb that then it'll make life horrid.

Things like parking availability are important to look at - if there's not room for lots of parking then it's unsuitable.

It's also the wrong time to be letting to students as normal term start is september and they all sign up for new places in June/july.

twinklefish

poppysarah wrote: »

Things like parking availability are important to look at - if there's not room for lots of parking then it's unsuitable.

Actually, that is a very good point. There is a problem with parking in the area. It's on street parking only at the end of a cul-de-sac so there would be issues with possible 3-5 new cars. Will get them to add that to the list!!


Tx

poppysarah

Get them to take photos of the parking when it's full - useful to show how it already blocks the road up perhaps?

(Fire brigade like to be able to get round streets and sticker cars in the way)

tbs624

You say that these are 3 bedroomed flats: in Scotland there has to be an application made for HMO licensing if the property is to be let to 3 or more unrelated people, so it is always possible that the let may be to young professionals.

Not all students ruin their neighbours lives: I’ve lived with a family as neighbours on one side and students the other and guess who made more noise? Ever lived next door to anyone who is retired and slightly deaf, so has their telly/radio on at a volume that could compete with the surround sound system at the local cineplex?

The owners of this property could of course end up letting it to a "nice" family, who practice their ceilidh steps every night, play jazz saxophone, & turn out to have drum-playing teenagers .;)

Comments about car parking can only carry so much weight - you could have that "nice" family move in who also have 3 cars, or a hectic social life with several car-driving friends each night ( with at least one of them blasting a bout of drum-and-bass out of the windows on a regular basis). If there are parking problems perhaps you could campaign for a permit scheme?

The owner of an HMO has to give the neighbours contact tel nos for emergencies, any problems with the tenants etc , and any persistent noise nuisance problems etc could lead to a revocation of the current licence once granted or a refusal to renew it subsequently. As a condition of the licence the Lls have to give specific information to the tenants on behaviour standards etc.

Most LLs who apply for a licence will have made their own enquiries about fire safety issues prior to applying, and a licence app would in any case involve an enquiry to the Fire Service. They should also have looked at things like refuse storage etc, so that may be something you could consider, but you do have to bear in mind that even with objections the licence may still be granted for an inital period. If you/your parents are intent on objecting, you could mention in the letter the date on which the site notice was displayed because it is supposed to be for 21 days from the date the app was lodged & the fee paid.

[FONT=&quot]However, maybe if the other residents concentrate on fostering good relations with the owners( and their tenants) from the start, rather than simply assuming that any tenants will be anti-social nightmares, it’s probably far more likely that any potential worries will be dealt with promptly, and the licensing system can also enforce things if necessary. My own view is there is a tendency is some areas for OOs to act as if all tenants are some sort of sub-human race,devoid of normal standards just because they rent rather than pay a mortgage.
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PasturesNew

Check the lease of the building to see if they're allowed to sub-let or if there are any other clauses. That might mean an HMO license is granted but the management of the building disallow the let.

giggity

Have you phoned your local private sector housing dept in your local council? They may be able to fill some gaps.