Certificate of lawful use as a HMO period required query?

Certificate of lawful use as a HMO period required query?

15:28 PM, 20th December 2022, About A year ago 4

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Hi Everyone, I hope you all are looking forward to as good a Christmas as you can.

I was curious of the definite answer, if possible, of getting a certificate of lawful use (for planning) for a HMO’s use immunity period and thus the application evidence period that is required for this?

Many planning consultants websites seem to suggest it is 10 years of continuous use as a HMO to achieve immunity (and thus I assume any application would mean 10 years of tenancy agreements as a HMO would be the requirement).

However, a solitary article from the Local Government Lawyer website also from a consultant suggests that as a result of a (High) court case ruling from earlier this year, it is now 4 years (so I would assume that means 4 years of tenancy agreements instead).

I realise there would also be what is called the Gravesham test.

I also realise the Regeneration Bill going through Parliament would increase it back to 10 years.

But for now, is the evidence bar required 10 years or 4? Or is it just luck of the draw whether a council follows that ruling or not?

The article from the Local Government Lawyer stating 4 years can be found by Googling HMOs and ‘dwellinghouses’.

Any answers would be appreciated.



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John Hynd

9:53 AM, 21st December 2022, About A year ago

Please sign this petition and pass it on. Nothing ventured, nothing gained.

David Houghton

10:06 AM, 21st December 2022, About A year ago

High court rulings do not set precedent. I'd work in the basis its 10 years. But I think you already knew that deep down


8:55 AM, 24th December 2022, About A year ago

I don’t recall the period, but you should have a hmo licence you can use. You don’t need tenancy agreements.
If you’ve not got a licence, beware, they could fine you for running an illegal hmo. You’ll be giving them all the evidence to make that very easy.
I wouldn’t risk it without a licence.

Karan Walia

15:27 PM, 20th January 2023, About A year ago


I have done multiple COL by using the 10-year rule in London. Some councils may trip themselves within 4 years. Your best bet is to call the planning office locally and ask them if you are going to buy a house run as HMO for, say last 5 years could you apply COL post purchasing it?

That will throw some light.

The majority of lawyers and architects frankly don't know this rule by themselves and like to extract money from you.

Happy to assist as I have done it all by myself and got cases closed.

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