Landlord licence only allows one tenant?
I recently found out the landlord’s licence restricts one tenant to one of my flats, while my other similar flats in the same building allow for two.
This is after I signed up a 12-month fixed tenancy with a couple!
I received the landlord licences for all the properties in the same block. However, for the smallest flat (not by much) the licence says it only allows one person in one household, while all others say two people in one household.
I never assumed there was any difference between them, but after finding out I had already signed up a fixed 12-month tenancy with a couple. Would the council hold me as breaching the licence?
What shall I do? I can’t back out of the tenancy now for at least 12 months. Shall I ask or tell the council?
Many thanks
Mike
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Member Since February 2011 - Comments: 3453 - Articles: 286
10:21 AM, 17th October 2024, About 1 year ago
Dear Mike,
The maximum fine for a breach of Licence is £30,000!
I would recommend you contact our friends at Landlord Licensing and Defence >> https://landlordsdefence.co.uk/
Member Since October 2020 - Comments: 1137
1:53 PM, 17th October 2024, About 1 year ago
How many rooms and what are their sizes?
Member Since September 2015 - Comments: 9
2:16 PM, 17th October 2024, About 1 year ago
Maybe if the living room is larger make that the bedroom
Member Since October 2020 - Comments: 198
4:50 PM, 17th October 2024, About 1 year ago
If bedroom is below 10.22m2 you could have an issue on statutory space standards. Otherwise check the council’s discretionary space standards and see if you can figure out the reason. You will need to make a formal request to have the licence “varied”. The response will give you the option to appeal to first-time Tribunal (doesn’t cost much, and don’t need a solicitor). It will likely take at least 6 months until the hearing. The Tribunal is a judge and a surveyor plus 1, and they will visit the property and a decision might be a month or two later, and then they’ll give the tenant time to leave if they think it’s just for one.
Member Since June 2013 - Comments: 3237 - Articles: 81
7:43 PM, 17th October 2024, About 1 year ago
And was Licensing supposed to make lives better for tenants?
So if the tenants happy there and want to stay there, yet Licensing say they can’t, as 100cm too small, how is that benefitting tenants?
And the Council Licensing department are gonna make these homeless are they?
Utter bonkers.
I’d get em to email in and tell Licensing u gonna be contacting the Media should they not wish to allow this couple to stop there.
We’ve stopped load of idiocy in Nottingham.
Member Since October 2020 - Comments: 198
8:45 PM, 17th October 2024, About 1 year ago
Reply to the comment left by Simon F at 17/10/2024 – 16:50
Thinking about this more– with only 2 people in it, it’s not an HMO this is selective licencing under Part 3 of Housing Act 2004. Statutory space standards apply to Part2 (HMO) licences only. Ask for an explanation first. Then put in the request for the licence to be Varied on the basis that the condition is inappropriate to a Licence granted under Part 3 of the Housing Act 2004, that is, Schedule 4 para 1A does not apply to a selective licence.
Member Since November 2022 - Comments: 41
8:51 PM, 17th October 2024, About 1 year ago
If no one notices, no one cares and nothing happens. You can’t kick them out on the street now. It’s unfair. If it’s genuinely too small, they will eventually move to a bigger place. You won’t make your life (or their life) better by getting authorities involved. Give the tenants peace. Leave them to live their own lives their own way for now. They will move when they feel ready. When they move, be more careful next time.
Since you genuinely didn’t realise the thing at the time, you didn’t act in bad faith or deliberately in allowing them to rent the home. Remember, if only you know, only you actually care. It doesn’t hurt anyone to just keep it to yourself. I would hope it stays like that until they leave.
Member Since October 2020 - Comments: 198
9:14 PM, 17th October 2024, About 1 year ago
Reply to the comment left by Robert Sled at 17/10/2024 – 20:51
Breach of licence conditions is a criminal offence. If the council issue an improvement notice it is registered on land charges register and can make getting a re-mortgage or sale very difficult. Worth addressing.
Member Since July 2013 - Comments: 357
9:35 PM, 17th October 2024, About 1 year ago
A couple counts as one where I am
Member Since October 2020 - Comments: 1137
11:12 AM, 18th October 2024, About 1 year ago
Reply to the comment left by Simon F at 17/10/2024 – 20:45It seems unlikely that even if the statutory limits did apply, that they would be the case here. The flat would have to be miniscule to be incapable of housing a couple. I would be inclined to challenge this ruling unless the flat really us tiny.