Neighbours are converting their garage to another room to rent out against the deed rules

NibblyPig

I live on a row of houses that were built as part of a large development.

There is an annual management fee that covers buildings insurance and other bits and bobs.

Part of the deeds, if that's the right word, are a large document of terms and conditions stating how the property must be used.

One of those conditions is that the garage must be used only as a garage or as a workshop.

My neighbouring house is a HMO owned by a landlord, who has decided to convert the built-in garage to another room to rent out.

I don't particularly want yet another person or couple squeezed into living next door. That would make four rooms rented out total, assuming they didn't also turn the living room into another room to rent out.

I live in a row of terraced town houses.

I only found out about this when I heard building work and chatted to the builders just now.

There hasn't been any planning permission requests or anything, although perhaps they aren't needed.

Presumably the HMO would need to be amended too?

I'm wondering if I can contact the council to prevent this from happening, or at least having some kind of consultation. Many thanks.

km1500

yes you can contact the council for advice

it's not unusual.for people to.convert a built-in garage to another room. 

There may, however, be HMO regulations to abide by if it is being let out

If prohibited by the lease then speak to a solicitor (or, if the houses are leasehold then to the freeholder)

user1977

Yes, I expect the HMO would need amended before they actually start using the additional room.

It's possible it would need planning permission, I don't think we have enough information to know that.

Who is entitled to enforce the title covenants? If that doesn't include you, not much you can do about that.

Brie

Maybe a question to be asked to the managing company?  Because you'd like to do the same?? 

"It seems Bob is converting his garage for another bedroom.  That seems a great idea for getting some extra cash!!!  Do I need to clear this with you first if I want to do the same?"

NibblyPig

Thanks, I have contacted the council. I will contact the management company also soon.

The houses are freehold.

I don't really want an expensive legal battle though. Perhaps if it is ultimately permissible I will just do the same thing myself and move elsewhere and rent my house out because being able to have 4 households would be crazy amounts of rent.

zagubov

Are the houses terraced/linked in any way. Would there be anything needed that would affect a party wall?

I think the building standards for non-habitable rooms may be lower than for habitable ones (no need for windows/central heating/insulation/electrical outlets/soundproofing). Could be expensive and involved.

Could the tenants themselves object to the disruption?

jj_43

Usually this restriction is there to stop allocated parking space in the garage being replaced by a new living room and parking moving onto the roads. It could be a planning restriction or something for you / management company to enforced.

macman

Is it actually licensed as an HMO, or is this an illegal unregistered conversion?

Mr.Generous

Quite a few regulaions apply to HMO's and you can check if the place is registered yourself. The shelter website has good info and the neccessary links you might need.

https://england.shelter.org.uk/housing_advice/private_renting/houses_in_multiple_occupation_hmo

Your local council may have more stringent conditions, a mate of mine who looked into it said his council won't license unless the house has sufficient fridge space, washing machine/s even the number of kitchen cupboards has to be deemed enough for the occupants.

Ratkin007

If the property is a mandatory HMO (5 or more people in 2 or more households) it requires a licence. If there are 3 or 4 people in 2 or more households, licensing depends on whether the council has an additional scheme and if the property falls in the area covered by the scheme.  The council should have an online register of licensed properties so if required to be licensed you could check the register yourself.  Many council's will issue a licence with conditions to meet the requirements they set. How long has the property been a HMO? If converted in the last 4 years it is worth checking if there is an article 4 planning directive re HMOs. If they should be licensed and are not, they could be faced with a hefty fine.

NibblyPig

It is a registered/licensed HMO yes, it has been for a while. My house used to be a HMO as well before I moved in. I suspect both were HMOs since construction in 2006.

Parking is an issue around here, not only does it remove a car parking space from the house thus removing one on the street, the new residents might have a car too, I suppose.

Perhaps I am just being a nimby though.