2 storey HMO's requiring licence

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  • 2 storey HMO's requiring licence

    Newcastle council has decided that there just isn't enough money in all the 3 storey properties, so it is including 'maisonettes' which are popular loft conversions of first floor flats up here, so whilst technically they are on 3 floors the ground floor is merely an entrance/stairway to the 2 floors of habitable space.

    whilst i would be the last person to deny a tenant to a safe property i am interested to see if this stance is being taken elswhere and if anyone has challenged, or heard about challenges to any of this legislation.

  • #2
    Jonboy, as you know I'm local to the area....would be interested to see a legal challenge to this proposal, as I have been in several properties like this and I think anyone would be hard pushed to describe the entry level as a habitable space!!
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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    • #3
      There are no such challenges to HMO licensing as its less than a week old and until challenges are made it impossible to say what will happen.

      What you need to find out is what type of licensing Newcastle are doing they may have applied to include additional licensing and/or selective as well as the mandatory HMO licensing, and if you are unsure how parts of the act are to implemented ask them to explain to you the reasons behind their decisions and what are the conditions.

      If you aren't satisfied with the answers or have doubts about the legality of their decisions you can appeal to the Rental Property Tribunal (RPT).

      Its unclear from your property description as to the set up of the property but if the units of accommodation are above a commercial premises then that commercial premises in some instances is included as a storey, as is with a basement and/or attic that is an integral part or connected with a HMO will also be classed as a storey.

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      • #4
        He is talking about Tyneside flats...basically terraced properties converted into upstairs and downstairs flats, with the upstairs flat having a loft conversion and hence becoming a maisonette. Newcastle council apparently are taking the entrance passage and stairs, obviously on the "ground floor", as a storey.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        • #5
          Would these "conversions" have predated Building Regulations?

          Wondering if the authorities see the issue as one of fire safety and for that reason include the lower storey, whatever it's use, in the equation for determining that HMO criteria apply.
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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          • #6
            There are three levels of licensing, Compulsory, Additional and Selective. Whilst one might be able to challenge whether or not the properties described comes under the compulsory level, the council has the powers to license any HMO it feels fit to.

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            • #7
              well that answers my question, it sounds like the selective element.

              i have heard it said by the council that one aim of this is to catch all those who avoided building regs when they did the conversions.

              ......and the best bit! - i read yesterday in the application that the council are asking for 300 up front and the proposed 800 will be confirmed when they have had the chance to assess the running costs of the scheme and that this could change! i bet you it 'changes' up and not down!

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