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Oct, 2014

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  1. Replies
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    Apply anyway and then appeal if you get initially...

    Apply anyway and then appeal if you get initially rejected. Point out that long term prior history has made this a HMO prior to the last set of tenants.
    - Note - applying for change in planning due...
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    The answer is simple - the law refers to...

    The answer is simple - the law refers to "occupation". "Occupation" itself is not clearly legally defined (i.e. it's definition is based upon case law), but it should be clear that it means where...
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    Hi, Planning "Usage" law is really really...

    Hi,

    Planning "Usage" law is really really messy and often fully dependant upon either case law or planning appeals rulings.

    To be honest, C4 usage rights have not been proven in court. I had...
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    Yes, these are tax deductible as revenue expenses.

    Yes, these are tax deductible as revenue expenses.
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    639

    2 Lodgers is allowed. Any more than 2 and the...

    2 Lodgers is allowed. Any more than 2 and the property is deemed to be a HMO.
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    You only need to apply for planning permission if...

    You only need to apply for planning permission if the local council has an Article 4 Declaration limiting HMOs in the area where the property is located.

    If there is no Article 4 requirements and...
  7. SI Change - "Statutory Instrument" - which is a...

    SI Change - "Statutory Instrument" - which is a mechanism for the government to adjust the law.

    Hmm, this is a minor (and probably inconsequential point) - when the house had 8 tenants, it was...
  8. 1st Point - Sorry, but your query is just not...

    1st Point - Sorry, but your query is just not clear enough. You are not clear in saying that you now have 6 unrelated occupants ONLY or if you have 8 unrelated occupants. Also, can you be clear and...
  9. I would send a letter for each bill (attaching a...

    I would send a letter for each bill (attaching a copy of bill + exemption notice) stating that this matter is already closed as you have a council supplied exemption notice.

    The tenancy agreement...
  10. I would write a letter and ask them to explain...

    I would write a letter and ask them to explain the legal basis for this load of cobblers...

    Hmm, I have to ask how many people are you looking to allow into the property? If it's above 6, then...
  11. Permitted development rights?? Your question is...

    Permitted development rights?? Your question is confusing.

    Let me give you my take on C4/C3 usage (and I have other posts about this subject if you take time to search).

    Since Oct 2010:
    1) A...
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    Talk to your council...

    The best advice I can give here is to talk to the HMO licensing team in your council - the council may have additional licensing requirements which means that a license is required even if you have 3...
  13. Thread: HMO Lenders

    by schocca
    Replies
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    2,117

    I had a quick look at HMO mortgages today,...

    I had a quick look at HMO mortgages today, Clydesdale Bank, Leeds and Shepshed BS also offer HMO finance.

    Leeds does require you to have a limited total portfolio size of 4 or less (which puts...
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    Er yes, I've been doing this for several years......

    Er yes, I've been doing this for several years... hard work, high damage rate, but the returns are there if you buy right.

    HMO License
    The property being converted for HMO use may need a HMO...
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    It's not C4 usage as it has more than 6...

    It's not C4 usage as it has more than 6 non-related people occupying it. This is probably Sui Generis (i.e. in it's own use class) and this would always require planning permission right from the...
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    Also note that the Section 21 notice is invalid...

    Also note that the Section 21 notice is invalid if the Agent/Landlord has not protected the deposit.
  17. Thread: mtg banned?

    by schocca
    Replies
    601
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    39,713

    Ho ho ho - so my messages are now getting edited...

    Ho ho ho - so my messages are now getting edited + my location information has been removed too... Hmm big brother strikes again.

    This is a commercial website (i.e. its revenue is based upon...
  18. Thread: mtg banned?

    by schocca
    Replies
    601
    Views
    39,713

    I completely agree with this comment, this whole...

    I completely agree with this comment, this whole thing is an utter silly mess. It's time to reinstate MTG
  19. Replies
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    As the potential tenants are not related, then...

    As the potential tenants are not related, then this would be a HMO. The impact here would be dependant upon your local council. Have a look on their website and have a chat with them.

    You will...
  20. Lets be clear here - this is not a HMO in any way...

    Lets be clear here - this is not a HMO in any way that has relevance for the owner. The only time that that it is deemed to be a HMO is make sure that Part 1 of the 2004 Housing Act (which deals...
  21. Well, yes, this does seem to be a HMO for part 1...

    Well, yes, this does seem to be a HMO for part 1 of the Housing Act 2004 (as part 1, Chapter 1, section 5 excludes the schedule 14 exclusions). Part 1 is only about the enforcement of housing...
  22. Ah, I agree here with Snorkerz, the LL can always...

    Ah, I agree here with Snorkerz, the LL can always sue for damages/unpaid rent - BUT not protecting the deposit means that the LL has lost the right to claim deductions from the deposit that was given...
  23. This should be simple to sort out: 1) The...

    This should be simple to sort out:

    1) The Landlord should have protected the deposit. This is non-negotiable and breaches the 2004 Housing Act law regarding safeguarding deposits. As the Landlord...
  24. No. See the below link for the legal...

    No.

    See the below link for the legal definition of a HMO in regards to Lodgers - read ALL the posts...
    ...
  25. The next reason why the council has it wrong: ...

    The next reason why the council has it wrong:

    The planning "issues" are related to three SIs that came out last year:

    SI 1 - 6th April 2010 (under the old Lab Government):...
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