Naughty HMO Application

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    Naughty HMO Application

    Hello forum,

    3 leaseholders (myself and two others) recently took over the property management of a leasehold building with 11 flats in London.

    We found out recently that one of the other leaseholders has been letting rooms within his flat on a room by room basis, in breach of the leasehold agreement (which says if you let your flat it has to be as a whole and via an assured shorthold tenancy). It was a 2 bedroom flat when he bought it but he's made internal layout changes and there are now 4 individual bedrooms in there (but no lounge).

    Today we've received a letter from the local council advising us that the leaseholder is applying for an HMO licence and inviting us to make representations.

    I plan to object to the granting of the licence and to point out that it would be a breach of the lease.

    Also it's a problem for the property management - for things like fire safety, buildings insurance, etc.

    I plan to speak to the property licensing people at the local council tomorrow.

    Does anyone have any advice on how to get this situation resolved quickly, any potential pitfalls I should be aware of, etc.?

    Grateful for any comments.

    Thank you.
    A.

    #2
    Oh...there’s an HMO specific forum on here - should I post this there instead?

    Comment


      #3
      The main pitfall is doing something that acknowledges that the lease still exists. Until you are sure you will not be out of pocket for legal actions, you need to keep open the option of forfeiting the lease.

      Which floor is the flat on? The conversion almost certainly created an inner room, which would probably require that escape through a window should be acceptably safe.

      Comment


        #4
        Thank you.

        The flat is 2 storeys up so I don't think escaping from a fire by climbing through a window would be very safe! I'm not sure about the internal layout however - I haven't been in there to see it.

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