When does an HMO become flats for planning permission purposes?

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    When does an HMO become flats for planning permission purposes?

    I am turning a house into a six-bedroom HMO. The layout of the building is such that one of the bedrooms could be extended under Permitted Development rights to have a decent size kitchen-living area added, alongside the ensuite which I am already planning. However, it occurs to me that this is starting to look a lot like a one-bedroom flat rather than an HMO bedroom, which would presumably sit outside C4 planning use class. Can anyone advise on where the boundary is for planning permission purposes?

    It is more than possible that the planning or licensing dept will notify the valuation office and you could then find yourself paying CT on each room.


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      by Seaes56
      Good morning.

      I have an HMO tenant who has not paid his rent for 2 months. S21 and S8 have been served and I will be applying for possession next month. Can I start the process in claiming for the rent arrears ahead of applying for possession? I am happy to risk the claim for future monies....
      18-05-2022, 08:52 AM
    • Reply to Claim rent arrears in HMO
      by Seaes56
      This is all really helpful. Thank you all very much!
      18-05-2022, 14:15 PM
    • Reply to Claim rent arrears in HMO
      by jpkeates
      No additional risk.

      The plus side of using a separate claim for the debt is that rent owed is quite a simple thing to show.
      Rent is due when it's due and there's not really any defence to not paying it.
      The most a tenant can do is try and make some kind of counter-claim....
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    • Reply to Claim rent arrears in HMO
      by theartfullodger
      Is this you please?? The snap looks rather like Ilva...


      Defiantly given! What laws & regulations would the judge defy if granting a PO in interesting circumstances one wonders?

      Useful links - for checking s21 -
      18-05-2022, 13:57 PM
    • Reply to Claim rent arrears in HMO
      by PrimePropertyCareHMO
      Hi Seaes,

      So you have served S21 and S8 and both notices are expiring next month? There are pros and cons about using both notices for the possession. If you use S8 it might be quicker but there is no guarantee that possession would be given in court. If you use S21 for possession it might...
      18-05-2022, 12:41 PM
    • Reply to Claim rent arrears in HMO
      by Seaes56
      Thank you for the information.

      Would there be any risk if I start the claim for arrears now and if necessary, apply for possession using Section 21. The tenant is out of the fixed period. I think notification from the court would prompt him to address the situation now rather then it escalating...
      18-05-2022, 10:29 AM
    • Reply to Claim rent arrears in HMO
      by jpkeates
      There's a risk is that if you start a claim for the money owed, it will interfere with the section 8 claim if the claim includes rent owed.
      You'd be essentially claiming the same debt twice.

      It may not be an issue, but if I were the tenant, I'd make sure it was brought up.
      18-05-2022, 09:41 AM
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