Jurisdiction under previous HMO Reg Scheme?

[investments]

We deal with a 2 storey property that is HMO Registered for 4 people under the old scheme. The Council feel that they can still issue a maximum occupancy number on this property, and have written to us concerning 'overcrowding' as a 5th tenant has moved in (without our knowledge). I personally think they should be able to make it a '5' occupancy anyway as far as i can see meets all fitness and amenity standard for 5, however, with the new legislation in place - surely this is all irrelevant now anyway?

When I asked he Council how we get the occupancy level changed, they said we would have to re-apply. However, the old registration scheme is no longer in operation, and the property does not meet the specification to be a licenceable property so this property can not be put forward for either. Therefore, can they restrict how many people live there? My opinion is that they can't, the council believe they can yet they can not justify under what legislation...

Any opinions would be gratefully received.

[red40]

The council can still issue a maximum number of occpants, investments, under sec 140, HA2004.

I can only summise that now they have written to you as they are required to do before issuing a notice under sec139, HA 2004, they are then going to write again with an attached notice and state the reasons why it should still be 4 occupants.

If they do issue notice, write and ask for the notice to be revoked or varied under sec 144. If they refuse to revoke or vary the notice, or dont notify you within 35 days of your request, apply to the Residential Property Tribunal within 21 days for an appeal under sec 143.

The council must give 7 days notice to allrelevant persons (including the tenants) of its intention to serve an overcrowding notice and also consider any representations.

[investments]

Thanks for that. I personally don't think they will follow it up, as after debating with them on this, they didn't really know which way to proceed. The property isn't actually overcrowded (as it meets the amenity standard for 5), it is just that the previous HMO registration was a bit tight on stating it should be 4, rather than 5.

Since then however, we have had 2 other properties (both 2 storey) reinspected under the old HMO Registration Scheme, for re-applications submitted before April 5th.

The Council have now said that certain works need doing; but under what legislation can they instruct it?

They have asked for an extra wash hand basin to be put in one property (6 bed shared house) and they have restricted 1 room from being used as a bedroom as they have stated it is too small (1 person actually wants to sleep in this smaller room, and use the bigger room that could be their bedroom as an art studio - it is their choice to use this previous storage room, but we are told that we have to refuse them from doing this - even though they have exclusive possession of the whole property). As it does not qualify for a mandatory licence, can they insist on these points? And, how could we enforce the fact that the tenants can not use the smaller room as a bedroom; can we tell them how they must arrange their living arrangements in the property???

Any opinions are greatly appreciated.

[Worldlife]

<snip>

and they have restricted 1 room from being used as a bedroom as they have stated it is too small (1 person actually wants to sleep in this smaller room, and use the bigger room that could be their bedroom as an art studio - it is their choice to use this previous storage room, but we are told that we have to refuse them from doing this - even though they have exclusive possession of the whole property). As it does not qualify for a mandatory licence, can they insist on these points? And, how could we enforce the fact that the tenants can not use the smaller room as a bedroom; can we tell them how they must arrange their living arrangements in the property???
.

The Local Authority may well have minimum room sizes for bedrooms and if this room is disregarded as a bedroom then it would affect the overall number of residents allowed on the property.