by Sandy Down
8:52 AM, 13th April 2016, About 7 years ago 13
I have an HMO for 8 people and did a loft extension which added a flat within the shared property. It was originally 2 bedrooms and open plan living/small kitchen, but building regs insisted I shouldn’t have a kitchen in the open area, so sacrificed one of the bedrooms and made it a kitchen, so the flat has one bedroom, kitchen, living/diner and bathroom, I have a couple moved in already.
However the council HMO dept came to inspect, and unknown to me in the bedroom (which is very large easily accommodate a double bed, desk etc) told me they will not count the areas where the roof slopes into the size of the bedroom, hence the area they counted would make it too small. So they said the room must not be occupied.
I am trying if I can reconfigure the design of the loft, change bedroom or move a partition wall if possible, but what would be my position with existing tenants? I still have 12 months of the AST to run. Can the council insist on me vacating the loft flat immediately? Or would they wait until I can rectify the room size?
If I was unable to rectify the space configuration, what are the consequences of trying to terminate the contract?