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