Selective License - Max Occupancy of One!

[ChilliBob]

Hello everyone,

My partner has received her selective license back and it states her property can only be rented to a maximum of one person! We both read this a few times as it seems bonkers, but that's definitely what it says.

We are trying to challenge this as it doesn't seem right but I wanted to see if anyone in here has experienced the same issue.

For reference:
* Barking and Dagenham is the London Borough
* We lived in the flat ourselves for a few years, comfortably
* It's been successfully rented, without break, for 5 years to professional couples

Any help much appreciated, my partner is pulling her hair out over this and I'm trying to help.

Thanks

[MdeB]

What is the property configuration, and how big are the bedrooms?

[ash72]

Are you sure it's not single family or unit? The amount of costs keeps on going up, and they wonder why rents are going up......the rogue landlords out there will not bother, as they don't bother with any of the other compliance things, while the majority of landlords who provide good properties are made to think if it's still all worth it. The scale is very much tipped in one direction.

[ChilliBob]

What is the property configuration, and how big are the bedrooms?

One bedroom, 9.x sqm, open plan living and kitchen area which is quite a bit bigger and balcony. Obvs bathroom too.

[ChilliBob]

ash72,

Sadly not we read it a few times. Seems mental in a Borough with a housing crisis that the result of this would be of everyone complied the block could only house individuals in each property!

[JK0]

Maybe they forsee benefit cheats applying anyway?

(Lady applies for herself and small children, claiming to be a single mum, while husband is there all along.)

[Section20z]

Big brother knows best. Try Newham for equal madness - I have a small two bed occupied by two sharers for 25 years, my selective licence says I can let to 6 !!!

[theartfullodger]

See also
https://www.propertytribes.com/selec...127650248.html

You can presumably (?) appeal to the council - see their website with emails etc...

https://www.lbbd.gov.uk/private-rented-p...-licensing



AIUI sleeping capacity can include lounge so measure that - carefully - and get writing, plus involve councillors especially head of licensing committee..



https://modgov.lbbd.gov.uk/internet/mgCo...spx?ID=189



Shelter have great detail on overcrowding regulations on their free websites

https://england.shelter.org.uk/housing_a...ded_by_law

- and the real detail



https://england.shelter.org.uk/legal/hou...occupation

[Hudson01]

I see this slow slide into form filling as a license (no pun intended) to print money for the councils to use inefficiently, just another small nail in the PRS coffin.

[ChilliBob]

theartfullodger,

Cheers man, and for your replies across MSE and the other forum, much appreciated. Yeah we have appealed, and contacted local councillors too. As regards the living area, I believe as its open plan it can't count as a living area (I actually think it would be quite a nice one as it has a balcony, but who cares what I think.

Bottom line I think we just need justification for the decision to understand it and take it from there.

Cheers for the replies

[45002]

https://forums.moneysavingexpert.com...ce-1-person/p1

[DPT57]

You could try speaking to a specialist housing lawyer who might be able to tell you if B&D are exceeding their authority.

[ChilliBob]

Thank you, the local councillor seems fairly responsive at the moment so hoping this will at least provide some clarity to the situation, once we know more we could consider this route but I sense my partner might not want to

[DPT57]

I don't know whether this Upper Tier Tribunal case might be useful to you: https://nearlylegal.co.uk/2014/01/up...l-on-bedrooms/

"The legislation does not require that the “bedroom” must be a room primarily intended for sleeping in, such that a lounge or other living room is necessarily precluded from being a bedroom because it can be used for another purpose when it is not being used to be slept in."

[Flashback1966]

It seems different councils are assessing the property to their own standards.

> One bedroom, 9.x sqm, open plan living and kitchen area which is quite a bit bigger and balcony. Obvs bathroom too.

How many square metres in the entire flat?

It sounds like a compact one bedroom flat. Is this a modern block? Why did n't the council stop developers building these homes with small bedrooms?.

If you pretend for a moment, you removed the wall separating the bedroom and living area, then the property would become a studio flat. So I suspect, they will allow two people.