Planning Application for HMOs 6 April 2010

RLH33

notconvinced wrote: »

My son is a mature student who has been living in the same property for 2 years with 3 other students. They are respected members of the community and no complaints have ever been made against them. However due to new legislation his landlord has told him that he will be unable to renew the lease (as he cant afford £950 to pay for the new planning licence) unless the 2 boys cohabitate with the 2 girls so forming just 2 households. So the goverments pimping now!!!

I think your son's landlord may be mistaken - it is only where properties are changing their use to HMO's after April that will need permission. Those that are already in an HMO use will not be affected. Otherwise of course he could be using this as an excuse. Furthermore a planning application for change of use should only cost £350 for each 'dwelling' so that part of his argument is incorrect as well.

notconvinced_2

The problem is no-one really knows whats going on and each local council is making different rules.

If you check Ealing borough council website you will see that what I have said is right at least for this council-both the planning/licensing of existing let property and the fee structure! As my son has an assured shorthold tenancy he would need a new lease when this expired hence the need to licence the property. -This is what the council has told him.

phlash

RLH33 wrote: »

I think your son's landlord may be mistaken - it is only where properties are changing their use to HMO's after April that will need permission. Those that are already in an HMO use will not be affected. Otherwise of course he could be using this as an excuse. Furthermore a planning application for change of use should only cost £350 for each 'dwelling' so that part of his argument is incorrect as well.

Agreed.

If you refer to the first post this is explained. Existing HMO's automatically get the C4 category on 6 April 2010.

phlash

notconvinced wrote: »

The problem is no-one really knows whats going on and each local council is making different rules.

If you check Ealing borough council website you will see that what I have said is right at least for this council-both the planning/licensing of existing let property and the fee structure! As my son has an assured shorthold tenancy he would need a new lease when this expired hence the need to licence the property. -This is what the council has told him.

Refer you to above.

What you are referring to is some legislative changes coming into effect from 19 April 2010. Where individual councils can licence HMO's that are not "licensable HMO's" - regarded as 5 or more unrelated parties in a 3 storey dwelling.

This is not the same thing as the legislation discussed in this thread with regard to planning permission enforceable from 6 April 2010, regarding changing from a dwelling (C3) to an HMO (C4).

Your information is from here:
http://www.ealing.gov.uk/services/housing/hmos/

notconvinced_2

only currently licenced HMOs ie 5 or more tenants will automatically get the C4 category.Those with 3 or 4 unrelated tenants that have until now been exempt from licensing will have to apply for planning-at least in Ealing borough council-and thats all lettings not new conversions to HMOs check the website

phlash

notconvinced wrote: »

only currently licenced HMOs ie 5 or more tenants will automatically get the C4 category.Those with 3 or 4 unrelated tenants that have until now been exempt from licensing will have to apply for planning-at least in Ealing borough council-and thats all lettings not new conversions to HMOs check the website

I cannot see on the site what you are referring to, I really do think you are confusing "planning" with "licensing". I have advice from central government, MPs and and city council, in fact, this is a written response I have from my City Council:

"Thank you for your enquiry,

Currently Town and Country Planning (Use Classes) Order Use class C3 (Dwelling houses) allows for not more than six residents living together as single household.



From the 6 April 2010 the is to be amended to include a new Use Class C4 (Houses in Multiple Occupation) . This will focus on properties where three or more people (who are not all members of the same family) share a bathroom, kitchen and toilet.


Prior to 6 April 2010, A property is occupied by three or more people (who are not all members of the same family) share a bathroom, kitchen and toilet. The Use of this property will become a House in multiple occupation (Use Class C4) after 6 April 2010.

After 6 April 2010 if the property was not occupied by three or more people (who are not all members of the same family) share a bathroom, kitchen and toilet prior to this date, then planning permission would be required, even if the tenancy agreements were sign before 6 April 2010.


A HMO licence is issued by the Public Heath Department and different from Planning Permission which determines the lawful use of a property.


Therefore the answer to your question is:

If the property will be occupied as under the current C3 (Dwelling) as above prior to 6 April 2010 then Planning permission would not be required. An you are advised to retain all evidence to prove that this is the case.

If the property is not occupied by three or more people (who are not all members of the same family) share a bathroom, kitchen and toilet until after 6 April 2010 then planning permission will be required and may not always be forthcoming, even if the contract for the let is being signed prior to 6 April 2010."

Sarny

So whats stopping people just not applying or renting rooms out then applying? Not much really?

Just seems another way for councils to rinse more money out of hard working people and overwork the already useless and pain stakingly slow planners as it is.

Whats the current licensing for homes with 3 or 4 people in now? nothing?

insurgente

hi there, sorry to bump a thread, but better than starting a new one I think

i've had previous housing issues (as seen on MSE :P) but this thread seems to apply to me as a tenant.

My landlord has finally got round to giving us a contract (to our 3 bedroom house). However due to this new law, he wants to give us a joint contract rather than individual ones. MY hosuemate had an individual contract before so doesnt want a joint one.

in this document:

http://www.bpf.org.uk/pdf/21598/BPF%20HMO%20Briefing%20Mar%202010.pdf

it says:

"On 6 April 2010, my residential property will be or, if vacant, will previously have been let to more than 3
unrelated tenants.

The changes do not affect you. The new planning regulations are not retrospective so only landlords who wish to
accommodate 3 - 6 unrelated tenants within a previously unshared property after 6 April 2010 will be affected."

The house has been a 3 bedroom, rented out before. The contract we have to sign is dated march 28th....and my housemates have other contracts before

so does this mean the whole planning permission thing doesnt effect us and we can get separate contracts?