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View Full Version : House with bedsits and flats,no licence,converting to all flats


megaspooner
21-07-2007, 04:34 PM
Hi everyone,
I have recently purchased at auction a Freehold mid terrace property with basement flat(accessed from its own front door),2 bedsits on the hall floor,3 bedsits on the first floor and a second floor flat(self contained,but accessed off the communal stairway).

There is no HMO licence for the bedsits and the property is fully tenanted.

Q1. I intend to serve section 21(1 and 4)notices to vacate on the 5 bedsits all are Assured shorthold tenancies but some have now lapsed into periodic tenancies.As there is no licence,the section 21 notice is not enforceable if it has to go to court is there another course of action open to me?
Would I need to upgrade the property to obtain a licence so that I can then evict and win if it goes to court?

Q2. Do I need Planning Permission to change the bedsits into two self contained flats.

The house is shown on the city council`s planning website as being made up as 4 flats but the Planning file shows that no planning applications have ever been made.
The council tax department have just written to me as the new owner asking if the property should still be classed as an HMO(I presume they are referring to the bedsits as the two self contained flats pay their own council tax.

Any advice on any of the questions would be greatly appreciated.

pdk
23-07-2007, 07:04 PM
Yes, you will need PP for the 2 flats... assuming the bedsits are lawful of course... Do they have PP or have they been there 10 years (assuming they are an HMO)??

Peter

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

megaspooner
23-07-2007, 07:47 PM
The bedsits do not have planning permission but have been in use for many years but i can`t find out how long.There is no planning history on this Freehold property.
What of the two remaining self contained flats?do they need planning/cert of lawfullness?
I was thinking of taking a gamble and just converting the bedsits into the two flats and say nothing and leave it up to the council to prove they have not always been this way if they investigate.After all there was no permission to change into bedsits in the first place.
This would save a lot of expense and doing away with planning applications sound and fire proofing and losing the period features due to these works.
What do you think worth a gamble!

ah84
23-08-2007, 06:30 PM
sorry but your information is incorrect. You have at least three storeys because there is a basement. You also mention a hall floor, first and second so sounds like 4 storeys to me.

jeffrey
23-08-2007, 06:45 PM
Re s.21: I have posted on the HMO FORUM thread.