HMO licence payment taken when they knew I would not get planning?

by Readers Question

11:03 AM, 16th January 2017
About 2 years ago

HMO licence payment taken when they knew I would not get planning?

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HMO licence payment taken when they knew I would not get planning?

I have a property in Brighton which has been let to three people. A HMO license was granted last year valid until November 2017.foregone conclusion

Now the council have issued an enforcement notice that I should cease using the property as HMO as I require planing. If we submit a planning application they have said that this will not be granted.

My question is why would they take nearly £600 when they have already decided that planning won’t be granted.

Usha



Comments

Neil Patterson

11:04 AM, 16th January 2017
About 2 years ago

Hi Usha,

Can I ask if you have made a complaint or requested a refund yet please.

Yvonne Francis

13:27 PM, 16th January 2017
About 2 years ago

In my experience the planners and the Environmental Health department, who issue HMO licenses, work separately or in other words the right hand does not know what the left is doing. EH may say that you should have known planning was required.

Has the house no history of letting to three unrelated occupants? In 2004 when Licensing came into force all houses of 6 or less unrelated tenants had automatically, planning bestowed upon them, which also applied to houses when Councils extended their licenses. (I have a HMO for 3 to which this applied). This advantage can pass between new owners although a new owners have to reapply for HMO licensing and like a new application, I believe, at a higher cost.

I also wonder if you know why planning will be refused. In my area there are strict rules usually based on the number of HMO's in the area.

I can really see how galling this situation must be to you and really hope it has a satisfactory conclusion.

Danko Puskaric

13:39 PM, 21st January 2017
About 2 years ago

So Brighton require HMO licence even for just 3 people? Are you sure that this is HMO licence and not additional landlord licensing? Because HMO licence is required only when 5+ people living on 3+ floors.

Yvonne Francis

15:45 PM, 21st January 2017
About 2 years ago

Reply to the comment left by "Danko Puskaric" at "21/01/2017 - 13:39":

Councils have the power to extend HMO Licensing. In Oxford it's ANY property of 3 or more unrelated tenants and it's definitely a HMO licence.

Colin McNulty

14:09 PM, 23rd January 2017
About 2 years ago

Usha, given that it's only 3 people you don't normally need planning permission.

However there are 5 areas in Brighton where council have changed the rules (using what's called an Article 4 Direction) so that you do need planning permission. Is your property located in one of these areas? Details here:

http://www.brighton-hove.gov.uk/content/planning/planning-applications/small-houses-multiple-occupation


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