HMO landlords are nearly twice as likely to win planning appeals outside Article 4 areas, according to new research.

PlanningLens’ analysis of nearly 700 HMO planning appeals across 83 councils suggests landlords have been significantly less successful in councils with established Article 4 directions - although London geography appears to be a bigger factor than the planning restrictions themselves.

The independent data project reports that of appeals decided between 2020 and June 2026, of those councils with an established Article 4 Direction, 21% of appeals were won, compared with 38% where there was no direction. For those appealing a change-of-use, refusal typically adds about 238 days.

HMO landlords are far less likely to win planning appeals in London - and the gap is even wider in established Article 4 areas. In London, 16% of appeals were won compared with 42% outside the capital. In London’s established Article 4 boroughs, 8% of appeals were won, compared with 17% in other boroughs. Outside London it was 38% against 44%.

Refuses

In Barking & Dagenham – which refuses 94% of HMO applications - developers and landlords have won just one of 15 HMO appeals decided. Meanwhile, Havering refuses 93% and only two of the 16 HMO appeals against its refusals have succeeded.

“Councils bring in an Article 4 direction specifically to get a grip on HMO conversions, so you’d expect decisions to slow down afterwards,” founder Mark Broome tells LandlordZONE. “They don’t. The median decision time is 56 days before a direction and 56 days after it in every borough we can measure, and nationally it has sat on 56 days, give or take a day, every year since 2015. Councils decide HMO applications on the statutory deadline, direction or no direction.”

Councils appear to be routinely using the full statutory eight-week period for applications. However, the proportion taking more than eight weeks varies considerably. For example, in Tower Hamlets it went from 40% to 30% after its Article 4, while in Brent it went up from 25% to 43%.

Outcomes

Article 4 changes outcomes in some boroughs and not others, says Broome. Hounslow's refusal rate rose from 62% to 72% after its 2023 direction came in, and Tower Hamlets' from 50% to 56% after its 2021 direction. However, Brent - on almost identical application volumes before and after its 2022 direction - barely moved at all, from 62% to 60%.

PlanningLens found that in 2024/25 it was easiest to get the go-ahead for an HMO in Mansfield (100% approved) and Plymouth (97% approved).

“The surprise is how little Article 4 explains on its own,” Broome tells LandlordZONE. “It doesn’t slow decisions, and in Brent it barely moved the refusal rate. What predicts your odds is the council you’re in: the same HMO proposal that was approved 97 times out of 100 in Plymouth last year faces a near-certain refusal in Barking & Dagenham and then a one-in-15 chance on appeal. Both of those numbers are in the public record. That’s where I’d look before buying.”

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