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john carling
17-10-2006, 17:26 PM
has anybody seen gov guidelines for why you can be refused HMO. I know about what you need i.e. number of sinks etc but assuming that is covered what objections can they have I thinking of the environment etc

red40
17-10-2006, 19:17 PM
Sorry John, what do you mean by 'refused a HMO', do you mean refused a mandatory HMO licence, or a building that isn't classified a HMO under the HA2004?:confused:

john carling
17-10-2006, 20:23 PM
hi red40 i mean refused hmo by hmo department for a mandatory licience. the building is not hmo it has planning enforcement not to be hmo please read my othere post , under my name.i hope this what you asking.ha 2004 new to me.

red40
17-10-2006, 22:06 PM
Under the HA2004 you haven't been refused a licence is just your property doesn't meet the criteria for it to need a mandatory licence.

scampicat
18-10-2006, 11:32 AM
If the house has a Planning Enforcement Notice on it that says it must not be run as an HMO, that is nothing to do with the number of sinks etc., it is a matter of land use and must not be used as an HMO. It will say on the Enforcement Notice what the breach of Planning is and what you must do to put it right.

Please be aware that it is a criminal offence not to comply with an Enforcement Notice.

john carling
18-10-2006, 13:22 PM
Thanks scampicat for bring this up and I think this it really gets confusing.
As I have written we cannot use the house as a house in multiple occupation, to put things right we need to remove all the self contained units??…but there is to me only one. One kitchen they all have bathrooms , 1 lounge? And planning have written to say that the house as a physical structure is ok.
Then after this enforcement we get a letter from them, we asked for clarification so we know what we can do and it can be quote “occupied by a family or no more than six people living as a single household” which to me is a HMO. They go on to say that the household were not living together as one as we were paying bills etc and tenants did not know other tenants .it’s the tenants knowing other tenants that seem to be the crunch of this.
Many thanks john

Poppy
18-10-2006, 14:37 PM
It's not confusing at all. It's quite clear that what the local authority means is that in practice the occupants of each bedroom must be related or live together as a single household. Occupants who take and quit tenancies at different times and do not know each other at the outset are not a single household.

Be careful that your future actions in relation to this property does not breach the local authority's decision.

philip benham
18-10-2006, 15:51 PM
It's not confusing at all. It's quite clear that what the local authority means is that in practice the occupants of each bedroom must be related or live together as a single household. Occupants who take and quit tenancies at different times and do not know each other at the outset are not a single household.

Be careful that your future actions in relation to this property does not breach the local authority's decision.
I think what John wants to know is has anybody seen gov guidelines for why it contravenes planning law for letting to a group of less than six sharers that are living in a single dwelling that is on land which has permission to be used for a single dwelling. I would dearly love to see this as well. Regards Phil.

philip benham
18-10-2006, 17:21 PM
hi red40 i mean refused hmo by hmo department for a mandatory licience. the building is not hmo it has planning enforcement not to be hmo please read my othere post , under my name.i hope this what you asking.ha 2004 new to me.
Was the enforcement served when you had tenants in the house? If so were the tenants questioned about their household arrangements? If you had no tenants at the time of enforcement does that mean that the council, by issuing enforcement, have denied you the right to let to a small group of friends that want to jointly rent your house? Does that mean, in effect, that you have also being denied an opportunity to HMO licence your house, in preparation for the possibility that a group of friends will share the property, on the grounds that you have been issued an enforcement notice that says you dont have planning to use the house as an HMO? You most certainly ( I hope!!) have class C3 permission for use of the land for a single dwelling, in that case there is no other class of use you can apply for if you intend to let to less than six people, there is no use category for a house of less than six sharers other than C3, which you already have. Keep up the fight. :)