I live in a semi-detached house split into a ground floor flat and a maisonette, I have the lease for the ground floor flat which includes 2 bedrooms and both front and back gardens, the maisonette consists of the first and second floor with 4/5 bedrooms, my problem is the previous owner of the maisonette who was also the freeholder has passed away, the maisonette has been sold including the freehold to a person who has no intention of living at the property and I think wants to rent it out as individual rooms, my lease which has 160 years to run states that only one family can occupy the maisonette, can the new owner just ignore my lease and go ahead and change the use of the maisonette.
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Sorry for a rambling post, but it's a bit of a rambling situation.
Our property is classed as an HMO, and so the LL is responsible for the council tax.
Background:
You could probably skip this but let's give the full story:
When we moved in ten years ago there were...08-08-2020, 13:06 PM -
Reply to 'Declassify' a small HMO?There are two definitions of an HMO. The council tax definition in the Local Government Finance Act 1992 is different to the Housing Act 2004 definition. When there were 3 people living there it met the test for both, but as soon as the 3rd person moved out it stopped being a Housing Act HMO, but continued...09-08-2020, 08:31 AM
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Reply to 'Declassify' a small HMO?There are different criteria for different things (council tax, planning, licence).
Letting to a single household is a change of use from C4 to C3. This was recently discussed on another thread. As per that discussion this is a permitted development so I believe there is no requirement...09-08-2020, 07:15 AM -
Reply to 'Declassify' a small HMO?Yes, DPT57, that's the way I'm looking at it.
The council is currently happy that CT is being paid, I'm not bothered either way, my LL would prefer not to have to pay the CT himself but that's his matter to sort out if he can.
TBH I currently have a 3 bedroom, 400 y/o, property...08-08-2020, 22:56 PM -
Reply to 'Declassify' a small HMO?In the absence of anything written, the Council have obviously interpreted this as 3 x room only tenancies rather than a joint tenancy. I think thats probably a reasonable interpretation if the landlord deals with each person's rent separately. This may even be the default tenancy type for shared accommodation...08-08-2020, 18:37 PM
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Reply to 'Declassify' a small HMO?Thanks for your replies.
The only issue as I see it is that If/when the sharer comes back after covid it is going to make things complicated at the council.
And let's face it we all know they are not the sharpest knives in the box.
From my point of view best left as it...08-08-2020, 17:06 PM -
Reply to 'Declassify' a small HMO?I'd have thought that your landlord would simply have to tell the council of the change in circumstances and then you'd have to claim the exemption.
Or, most likely, you could probably do both at the same (very long) time.08-08-2020, 15:30 PM -
Reply to 'Declassify' a small HMO?I think it would remain an HMO unless you had occupation of the whole property.
https://www.londonpropertylicensing....ay-council-tax...08-08-2020, 15:29 PM -
I have a BTL flat. It is a house split into two floors.
- I am the freeholder of the house.
- I am the leaseholder of the upstairs flat
- Someone else has the lease for the Ground floor. Also a let property
I had a council questionnaire where I explained I had just...06-08-2020, 09:57 AM -
I think you have misunderstood. A s257 HMO only has requirements for the common parts, (often only a very small entrance lobby). The freeholder is the only person who controls and has the right to make alterations to the common parts so if its a s257 HMO, it IS your responsibility. You have to get a...06-08-2020, 17:30 PM
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