Local authority HMO notice

huddy_2

Hi, I own a property that I let out to 3 tenants which I think is whats classed as a HMO, its in 3 flats. Today I received a notice (I think) from the local council saying I need to carry out some minor works (tenant complained about some items). I will certianly get them done ASAP.

My question is I have been served a section 372 'minded-to' notice, under the Housing Act 1985, does anybody know if this a notice or a pre-empt before a notice. I have 28 days to appeal, which I am not going to.

I tried to speak to the council today but the guy who issued the notice is now away on holiday and nobody else seemed to be able to help, hence me asking here

Thanks in advance.

A_Fool_&_His_Borrowed_Mon

Amazing how google can find things out for you,:money:

Came up with this, explains a bit about "Minded-to" notice in point 3.

http://www.cardiff.gov.uk/ObjView.asp?Object_ID=991.

lynzpower

Im interested in this,

my understanding of this is that you need to put your tenants up in a hotel or alternative accomodation until the property you have is fit for habitation ( or demolition as per the cardiff report) One of my old landlords was ordered to do this ( however instead we managed to agree the annulment of the AST)

Do let us know how you go on, I'm interested to learn more about this process.

Uncle_Fester_2

Post this Question on; http://www.landlordzone.co.uk/forums/ you'll get some more help there too

red40

Huddy, it is a 'warning' notice informing you that they intend to take formal action against you, i.e issue with a notice under the '85 Housing Act.

If you do the works before they are due to issue the notice, it wouldn't be issued anyway. But that depends on what they have asked for, if its only a few basic repairs then you maybe able to do them over a weekend, if its a little more in depth then you may have to have the noticed issued on you.

I wouldn't be to concerned if they do issue the notice though as they will give you a timescale to complete the works and as long as you comply with timescales, the notice will be abated.

Good luck!

prudryden

Sorry - dense this morning. You let to 3 tenants in 3 flats. Is that one tenant per flat or 3 tenants in one flat? Are they unrelated?

matto

I think you have to pay some fee if they issue a notice.

If you can't possibly get it all done in a couple of weeks I'm sure if you ring and agree to get the most urgent done within two weeks, they'll give you another couple of weeks to sort the rest before issuing a notice.

huddy_2

Thank you for responding.

The property is 3 self contained flats and each flat is occupied, as far as I know they aren't related, well the surnames aren't the same and they don't seem to know each other

There is no mention of charging a fee for the notice, perhaps I should ring up and enquire

prudryden

huddy wrote: »

Thank you for responding.

The property is 3 self contained flats and each flat is occupied, as far as I know they aren't related, well the surnames aren't the same and they don't seem to know each other

There is no mention of charging a fee for the notice, perhaps I should ring up and enquire

Interesting. So, three self-contained flats in a building, each with one tenant not sharing any kitchen, bath etc.(my assumption) and the council said that the building was an HMO but not the self-contained flats? (my assumption).

I think I would get in touch with the head of the department to clarify their analysis. I found with my council that the only person who really had a token understanding of the rules came down to one person - the chief.

matto

The third part of the definition of a HMO (which presumably applies in this case):

a building converted into self-contained flats, less than two-thirds of which are owner occupied, and the standard of conversion does not meet, at a minimum, that required by the 1991 Building Regulations.

prudryden

matto wrote: »

The third part of the definition of a HMO (which presumably applies in this case):

a building converted into self-contained flats, less than two-thirds of which are owner occupied, and the standard of conversion does not meet, at a minimum, that required by the 1991 Building Regulations.

I have a building converted (1959) into three flats. (1st flat) Owner occupied. (2nd flat) - One couple (3rd flat) Two unrelated friends.

I have in my little hand a letter from my council (London) stating substantially that my building is exempt, but that I am to notify them if an additional unrelated person moves in to flat 3. I got this letter only after finally getting to the head man.
I guess all councils are different.