Borough refuse to change my HMO to 1 single dwelling

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    Borough refuse to change my HMO to 1 single dwelling

    I bought an HMO to live in it with my family, I didn't have much knowledge about an hmo at that time so I just called the licensing for HMO and asked them if the house will still be considered as an HMO if there is no tenants anymore and they said no.
    So I bought the house.
    Before moving, I wanted to extended the property so I made an application. They don't want to extend it or change the hmo to a single dwelling because they want to have affordable living space for people who can afford normal house. What can I do? Does someone had the same issue?
    Thanks for your help

    #2
    Is it empty or are there still tenants in it?

    If it's empty and/or no longer being used as a HMO then it isn't a HMO. (and doesn't require a HMO licence).

    If it's still tenanted, just one remaining tenent is enough, then it's still a HMO and as the new owner you will need a new HMO licence if it was licenced before.
    (Once the tenants have gone you just let the new licence expire).

    Planning permission is a different issue.
    https://www.hankzarihs.com/convertin...o-residential/

    I suggest that you evict any remaining tenants then move your family in and establish it as a single dwelling.
    After it's established as a single dwelling then apply for planning permission.

    Comment


      #3
      What did your solicitor say about the planning issue?
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Are you already living there with family? If not it might help evidence what you are planning.

        Invite couple of local councillors round for coffee cake & alcohol to discuss.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          I don't have a solicitor yet @jpkeates but I'm looking for one (if you have a name, don't hesitate) and I'm planning to move in @theartfullodger. The problem I need to extend the house, and they are going to refuse the application.

          Comment


            #6
            Ask the Council for the recording of your earlier call, or make a file note of exactly what was said and by whom. I would be surprised if the Council planning dept take action against you for breach of planning regulations. Check with a specialist solicitor on this point. Likewise, I dont think the housing dept can compel you to renew any HMO licence as they can't demonstrate that its currently operating as an HMO.

            Comment


              #7
              Originally posted by NA100681 View Post
              I don't have a solicitor yet
              I meant for the purchase.

              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                If it is a small HMO (<7 people, not sui generis), then I think it probably won't need planning permission to convert to a single dwellinghouse, as that's likely a permitted development. A sui generis HMO might need approval.



                Comment


                  #9
                  You need to speak to a planning specialist. There have been planning changed. The planning policy will be specific to your council.

                  You need to read up on planning classes. An HMO is a C4 and you want to turn into a C3 (dwelling house).

                  Try to look for Class L. Have they revoke your right to convert it?



                  Comment


                    #10
                    On the face of it what you are being told seems unlikely since C4 to C3 is a permitted development. Unless there is more to it than that.
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                    Comment


                      #11
                      Originally posted by NA100681 View Post
                      I don't have a solicitor yet @jpkeates but I'm looking for one (if you have a name, don't hesitate) and I'm planning to move in @theartfullodger. The problem I need to extend the house, and they are going to refuse the application.
                      You need to look for a house that's suitable for your needs. The council clearly want to retain this housing stock as it is so you would be foolish to buy somewhere when you know your required extension won't be allowed

                      Comment


                        #12
                        Originally posted by Section20z View Post

                        You need to look for a house that's suitable for your needs. The council clearly want to retain this housing stock as it is so you would be foolish to buy somewhere when you know your required extension won't be allowed
                        I already bought it. When I knew it was an hmo I just contacted the hmo license department to ask them if the HMO will still be one if there is no tenants and they said no that's why I bought it.

                        Comment


                          #13
                          Originally posted by NA100681 View Post

                          I already bought it. When I knew it was an hmo I just contacted the hmo license department to ask them if the HMO will still be one if there is no tenants and they said no that's why I bought it.
                          Did the solicitor who acted for you on the purchase make any comments about the HMO status and potential pitfalls related to changing the status back to a family home ?

                          Comment


                            #14
                            Ignore my earlier comment about asking the council for the recording. I hadn't spotted that it was the licensing dept you'd called and who gave you correct advice. Planning is a different dept with different priorities of course and hence their response. I still think its unlikely they would take action, but if you need planning permission for any work within the next few years it might be a problem.

                            Comment


                              #15
                              Unless your extension is Permitted Development then you're pretty much mullered.

                              Comment

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