James Barnes

Registered with Property118.com
Wednesday 5th October 2016


Latest Comments

Total Number of Property118 Comments: 55

James Barnes

9:17 AM, 9th January 2019
About 2 weeks ago

Fire Inspection - Upgrades required again?

Before commissioning additional works I would contact Building Control again, especially as they've already signed off. If they confirm that the fire alarm system has to be upgraded then fair enough, otherwise I think this is up to you.
As far as fire is concerned though, it's always best to err on the side of caution.... Read More

James Barnes

16:51 PM, 18th December 2018
About a month ago

HMO - Camden Council sending letters to the mortgage provider?

Reply to the comment left by Michael Barnes at 18/12/2018 - 16:28
Yes you're quite right

The relevant part is in fact in Schedule 5 Housing Act 2004 available at:

https://www.legislation.gov.uk/ukpga/2004/34/schedule/5

Here it is

SCHEDULE 5
Licences under Parts 2 and 3: procedure and appeals
Part 1
Procedure relating to grant or refusal of licences
Requirements before grant of licence
1. Before granting a licence, the local housing authority must—

(a)serve a notice under this paragraph, together with a copy of the proposed licence, on the applicant for the licence and each relevant person, and

(b)consider any representations made in accordance with the notice and not withdrawn.... Read More

James Barnes

12:43 PM, 17th December 2018
About a month ago

HMO - Camden Council sending letters to the mortgage provider?

Have a look at The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 which is available at:

http://www.legislation.gov.uk/uksi/2006/373/pdfs/uksi_20060373_en.pdf

Without pasting the whole of it in, the relevant parts are below:

Paragraph 5. The HMO licence applicant must give the following information about the application to every relevant person...

Paragraph 6 - Nothing in paragraph (5) precludes an applicant from supplying a copy of the application, or other information about the application, to a relevant person.

Paragraph 9 - For the purposes of this regulation a “relevant person” is any person is
(a) who, to the knowledge of the applicant, is—
(i) a person having an estate or interest in the HMO or house that is the subject the application

All Local Authorities have to contact mortgage providers as "relevant persons" in terms of HMO licence applications. Not only that, as the applicant you are obliged to notify your mortgage provider when making an application.... Read More

James Barnes

16:46 PM, 13th December 2018
About a month ago

And the landlord vote goes to - Please vote again

When it comes to voting, politicians chase numbers rather groups. A lot of people rent their homes, a lot of people want to be home-owners, comparatively few people own other peoples homes.
Very few MPs and would be MPs are going to be talking about making life easier for landlords in the next election, almost all of them will be talking about making things better for the former two groups I mentioned above.... Read More

James Barnes

11:32 AM, 7th December 2018
About a month ago

HMO - Do I need to register?

I think your trying to ask two questions here, those are:
1. Is my property a HMO?
2. Do I need to apply for a HMO licence?

Given the description you've given of the property (all 3 flats) I don't believe it to be a HMO. This assumes all 3 flats are self-contained and purposes built, not converted. In some circumstances a block of flats may be termed a S.257 HMO and licencing may be required, but this only applies when less than two thirds of those flats are owner-occupied. In this instance, exactly one third of those flats is owner-occupied (the one your wife owns and you both live in), not less.

To answer the second question, no you do not need to apply for a HMO licence, because the property is not a HMO.

Of course there are others that may interpret this differently, and if in doubt ask the licencing authority. It's always better to come ask than have them find you.... Read More