Johnr12
28-06-2006, 12:25 PM
Following on from a previous message of mine, I was wondering about the following set of circumstances, and how I need to proceed.
As I mentioned previously in the 'HMO query' thread on this forum, I currently live with my wife and 4 lodgers in a 3-storey house, making us an HMO and subject to licencing. We have considered dropping the number of lodgers so that we are no longer an HMO, but have instead decided to opt for licencing and get the work done on the house as quickly as possible, as we have managed to find sufficient funding now, as well as getting help from professional friends who will be able to do a lot of the work for us.
We anticipate the work will be completed within a month - two at the most I would hope. But what happens in the meantime?
I understand that I have to get my licence application in by next Monday, but surely the licence will not be awarded until all the work is done?
I have read that councils give landlords timeframes to get any neccessary work done, but is this time granted by means of the temporary exemption notice, or by some other means? When I look at the wording for the exemption notice, it seems to be only for when someone is downgrading their property to a non-hmo, although I am sure someone more knowedgeable would be able to confirm this for me.
Could I put the following questions to you all?
1.) Do I apply for the licence first, or do I seek a temporary exemption first?
2.) One of my tenants is moving out on the 22nd of July. I have already found someone to take his room, but have not taken a deposit yet - he has just informally agreed that he would definitely like to move in. Can I allow him to move in even though the house will still be in the process of being upgraded, or will the council insist that I not take on any new lodgers until the work is done? The prospective lodger and I were both hoping that it would be ok for him to move in, as the actual number of people in the house would not be changing, and he has nowhere else he can easily move to, plus by the time he moves in, most of the work would be done already.
3.) As I mentioned in the previous thread, one of the bedrooms is undersized. yesterday, I measured the room again to be absolutely certain of its dimensions, and rather than the 5 square feet under that I had thought it was, it is one and a half square feet under (68.5 sq ft). Is there any chance that the council will not fuss too much about this when issuing the licence, or do I have to knock a wall down and reposition it 3 or 4 inches further out? Also, do they take into account the wardrobe that is in there for calculating room size, or is it based purely on floor space of the room as empty? I ask considerably less rent for this room, as although it is only slightly under the minimum, I am still acutely aware that even a minimum sized room is restricting. I don't know if reduced rent in itself would make a difference from the council's perspective when considering a one and half square foot shortfall. (Probably not).
4.) One of the ground floor rooms is a conversion from a garage. It has large glazed patio doors, but no opening window. The door can be locked in place so that it is open by about two or three inches, allowing ventilation when desired, while obviously not being wide enough to present a security issue. However, I am guessing that the room would still need a standard window to make it pass the standards for the licence. Is this correct?
5.) As per one of my questions in the previous thread, if I go ahead and build the cabin in the rear garden to be used as a bedroom, does it have to be fully self contained? Or can the occupant be expected to use the amenities in the main house, even though he has to walk 5 metres or so across the patio to get back into the house? I would like to make it fully self contained, but the prospective occupant would very much like to have all the space as living space. While my say is final, I would be happy to give it to him as just a bedroom provided he is happy, and provided it is legal to do so. Would I need a separate licence just for the cabin, even though it is on the same land? If no one knows the answer to this, not to worry; I will consult the council. Just useful to get a second opinion when considering these things. Apologies if I am repeating a previous question here.
Thank you for any advice you can offer, John.
Thanks for your time, John.
As I mentioned previously in the 'HMO query' thread on this forum, I currently live with my wife and 4 lodgers in a 3-storey house, making us an HMO and subject to licencing. We have considered dropping the number of lodgers so that we are no longer an HMO, but have instead decided to opt for licencing and get the work done on the house as quickly as possible, as we have managed to find sufficient funding now, as well as getting help from professional friends who will be able to do a lot of the work for us.
We anticipate the work will be completed within a month - two at the most I would hope. But what happens in the meantime?
I understand that I have to get my licence application in by next Monday, but surely the licence will not be awarded until all the work is done?
I have read that councils give landlords timeframes to get any neccessary work done, but is this time granted by means of the temporary exemption notice, or by some other means? When I look at the wording for the exemption notice, it seems to be only for when someone is downgrading their property to a non-hmo, although I am sure someone more knowedgeable would be able to confirm this for me.
Could I put the following questions to you all?
1.) Do I apply for the licence first, or do I seek a temporary exemption first?
2.) One of my tenants is moving out on the 22nd of July. I have already found someone to take his room, but have not taken a deposit yet - he has just informally agreed that he would definitely like to move in. Can I allow him to move in even though the house will still be in the process of being upgraded, or will the council insist that I not take on any new lodgers until the work is done? The prospective lodger and I were both hoping that it would be ok for him to move in, as the actual number of people in the house would not be changing, and he has nowhere else he can easily move to, plus by the time he moves in, most of the work would be done already.
3.) As I mentioned in the previous thread, one of the bedrooms is undersized. yesterday, I measured the room again to be absolutely certain of its dimensions, and rather than the 5 square feet under that I had thought it was, it is one and a half square feet under (68.5 sq ft). Is there any chance that the council will not fuss too much about this when issuing the licence, or do I have to knock a wall down and reposition it 3 or 4 inches further out? Also, do they take into account the wardrobe that is in there for calculating room size, or is it based purely on floor space of the room as empty? I ask considerably less rent for this room, as although it is only slightly under the minimum, I am still acutely aware that even a minimum sized room is restricting. I don't know if reduced rent in itself would make a difference from the council's perspective when considering a one and half square foot shortfall. (Probably not).
4.) One of the ground floor rooms is a conversion from a garage. It has large glazed patio doors, but no opening window. The door can be locked in place so that it is open by about two or three inches, allowing ventilation when desired, while obviously not being wide enough to present a security issue. However, I am guessing that the room would still need a standard window to make it pass the standards for the licence. Is this correct?
5.) As per one of my questions in the previous thread, if I go ahead and build the cabin in the rear garden to be used as a bedroom, does it have to be fully self contained? Or can the occupant be expected to use the amenities in the main house, even though he has to walk 5 metres or so across the patio to get back into the house? I would like to make it fully self contained, but the prospective occupant would very much like to have all the space as living space. While my say is final, I would be happy to give it to him as just a bedroom provided he is happy, and provided it is legal to do so. Would I need a separate licence just for the cabin, even though it is on the same land? If no one knows the answer to this, not to worry; I will consult the council. Just useful to get a second opinion when considering these things. Apologies if I am repeating a previous question here.
Thank you for any advice you can offer, John.
Thanks for your time, John.