Article 4 HMO directive-retrospective?

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    Article 4 HMO directive-retrospective?

    My LA is introducing article 4 to control HMOs.
    My understanding is that article 4 cannot be applied retrospectively against existing HMOs. The planning dept is waiting for article 4 to take effect before taking action against a nearby HMO as their powers will be much greater to deal with it.
    The property has at least 10 tenants and is in breach of current permitted use(up to 6 tenants), the LA have inspected several times and were due to issue an enforcement notice some time ago, but have now delayed this until the directive is live.
    This makes sense to me, but not if it cannot be applied retrospectively. Am I missing something?

    #2
    The provisions of the Article 4 Direction cannot be applied retrospectively.

    An HMO with >6 tenants will always require PP as it is a 'sui generis' use. I don't understand what the LA are up to - they appear to have an unauthorised change of use from class C4 to sui generis on their hands and therefore can take action (normally an enforcement notice would be applicable here) now - the Article 4 Direction won't strengthen their powers in this instance in any way.
    IMPORTANT NOTE: If you take any advice given/follow any course of action suggested by me in this or any other post, you do so entirely at your own risk. You must assume that I am not professionally qualified in any particular topic under discussion (and therefore my posts are purely my opinions) unless I explicitly state otherwise.

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      #3
      Originally posted by Rupert Rigsby View Post
      they appear to have an unauthorised change of use from class C4 to sui generis on their hands and therefore can take action (normally an enforcement notice would be applicable here) now
      Correct, they were going to issue a enforcement notice, but have delayed it until article 4 is in force.
      I'm not convinced they know what they are doing.

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