View Full Version : kitchen facilities
david3331
09-01-2007, 14:26 PM
As a conditional of my license the council is asking me to build 3 mini kitchen on 3 out of 5 rooms.
I am not happy to convert my house in a hostel. My option was to make a first floor extension an build another kitchen but they are just focus in kitchens on the rooms.
Can some one tell me if they can force me to build those kitchen,even giving to them another option that will not break the standard regulations?
Some advice please.
thanks in advance.
red40
09-01-2007, 18:18 PM
Sorry David I dont know the layout of the house in question. However there are a number of issues that maybe open to you.
1. Statutory Instrument 373, there isn't a set standard with regards to number of occupiers who can share a kitchen. All as SI373 says is that a shared kitchen has to be suitably located in relation to the living accommodation, and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to store, prepare and cook food Most authorities have set their own standards and the majority can be found on their respective websites. I cant think of any authority specifically asking for kitchens to be added to rooms, if the bove applies. There are plenty of authorities that allow up to 10 people share one kitchen as long as certain factors are met.
2. A local authority should be using the Enforcement Concordat and working with you and listening to your proposals, they dont have to specifically like them, but they have to be 'reasonable'.
3. Make sure the procedure for issuing your HMO licence has been followed. I am aware of a number of authorities who have not issued licences correctly and therefore have inherant defects. Not really relevant to your situation, but it may bide you a little more time, if the licence hasn't been issued correctly.
4. You should have been given a 'representation period' where you can make any representations to the local authority either agreeing or disagreeing with anything in the licence.
5. If you haven't made any representations to the local authority and your licence has been issued, you are then given time to appeal to the Residential Property Tribunal (RPT). This maybe your best bet to get a result.
Personally if a kitchen is suitable and the facilities provided are adequate, I dont see a problem. Afterall you are in effect at the local authorities request reducing the size of the living accommodation.
Hope that helps.
philip benham
10-01-2007, 07:32 AM
As a conditional of my license the council is asking me to build 3 mini kitchen on 3 out of 5 rooms.
Hi David, I assume you have a kitchen on the ground floor. If this kitchen is 7sqm or more this would normally be considered enough for five people. Add on 1sqm for every additional person up to ten people. As Red says, if you search UK Google "HMO kitchen space standards" then you will see what kitchen sizes are required by local councils.
Regards Phil.
david3331
10-01-2007, 16:41 PM
Hi I spoke with my HMO Technical officer and he considere my house as a bedsit and no share house.
I am the owner of the house renting 4 out of 5 rooms, I live on other room and we share kitchen dining area and bathroom. We do have a dinner kithen but no living room.
The officer said that my house is not a share house becouse no one has relation between them. All tenants are my friends from work but not relative.
Is he right?
There is a big diference between bedsit and Sharehouse.( The main one is that they one to force me to put kitchen on the rooms)
What should I do to be considere my house as a share house?
I need to find a representative person to dial with this problem. Any one knows the phone or web site of a profesional person in London?.
Many thanks to you two for your help.
My kitchen is on the graund flor 10.5sq m and becouse the rooms are bigger than 15 sq m (21.5sq m)they one me to put those kitchens on the rooms.
some help please
red40
10-01-2007, 19:01 PM
Can you tell me if this is mandatory, additional or selective licensing?
Bedsit or shared house isn't an issue for the purposes of licensing but it will be when describing a 'unit of living accommodation'.
I do have a paper written by a barrister discussing the Housing Act 2004 and HMO licensing, who I think is based in London. If I can find his name I will message you.
My own opinion is the local authority is being excessive in requesting additional kitcehens and that is why I was asking about any representations you have made to them or the RPT.
If you think it is excessive and your notice to grant a licence has been issued to you correctly, why not appeal it to the RPT.
david3331
10-01-2007, 21:30 PM
Hi red40 please read my post.
The license is a mandatory 3floor 9 tenants.
The council definition of a share house. (My council)
A share house is defined as one:
1- Which is occupied by a group of people over the age of sixteen?
2-Each occupier has the use of a communal living room and a suitable dinning
3-There is evidence of communal living? (What is the interpretation of 3rd point?)
In these houses, up to 5 people can share a kitchen
The meaning of evidence of communal living it means relative or family member?.
What about if we are friends, can be considered as a (communal living)?
Alternatively, If a make a single contract for all my friends can be considered as a group of people (1st point) in order to be considered share house
I have visited two other houses smaller than my one without landlord just tenants and they are living 7 people. with a license
I am agree with you I think they are been excessive in their interpretation or not fair.
Please if you can give any phone number of someone who can give me a hand I will be very appreciate because on Friday is my last meeting.
They already have decided and prepared the draft of my license asking me to make three kitchens.
I call to RPT but they told me that ones I have the license send it to me they will be able to process or give some advice.
red40
10-01-2007, 22:56 PM
Right now I understand, you have got nine tenants plus yourself, sharing one kitchen. My misunderstanding I thought because you let 4 out of five rooms you only had four tenants plus you.
OK instead of 3 additional kitchens, why not propose to have a further kitcehn on the 2nd floor, that would seem reasonable.
As I have already said if you dont consider the local authorities proposals as reasonable you can make representations to them, in writing this Friday. If they refuse to agree you have the opportunity to appeal this to the RPT and that is all you can do.
As for shared house or bedsit, make your dining room a living room. But that isn't an issue until you get to the definition of 'unit of living accommodation' and wash hand basins.
If I can find the guys numebr I will let you know, his paper was in part about the above.
david3331
11-01-2007, 10:28 AM
We are in total 9 people including me.
I proposed 3 diferents options of making a second kitchen but he considere my house as a bedsit and becouse the rooms are bigger than 15 sq m he said that kitchen can be on the rooms, and he rejected(verbally) my options.
Red 40Could I ask you to look for this paper becouse I can't find anyone in london who knows about Hmo regulations.
thanksvery much for your help
red40
11-01-2007, 10:51 AM
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