Selective licensing – should I appeal the number of occupants restriction?

Selective licensing – should I appeal the number of occupants restriction?

0:07 AM, 29th August 2024, About 3 months ago 24

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Hi, The London borough where I own a single apartment has recently introduced selective licencing to all rented properties across the majority of the borough.

The draft licence I have been given states a maximum occupancy of “1 household, or 2 persons in two households”. This seems a very low use of space given it is a very well laid out 65msq purpose-built two double bedroomed flat in the centre of London.

In the second occupation scenario, surely if a couple and a single were sharing (ie 3 people in 2 households), that is not making an HMO?

Part of me is just thinking about the gentrification this will force through.

The very lowest end for rent for this kind of flat currently is £2,100pcm, meaning a household income of at least £70k-£80k is required. Of course many in this area exceed this income, but surely only housing them, or forcing people to lie about their income is not the intended effect of selective licencing?

I have my 14 day consultation period now, so I would appreciate any insight into people dealing with this particular situation (rather than opinions on the rights or wrongs of selective licencing).

Is it worth appealing the 2 persons in two households, and any suggestions on points to use?

Thank you,

Mark


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Gary BTLowner

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11:53 AM, 31st August 2024, About 3 months ago

Reply to the comment left by Judith Wordsworth at 29/08/2024 - 13:07
I believe that a householder (I presume this refers only to owner occupiers) and family (ie only 1 household but with no limit on no`s) may have up to 2 lodgers (ie excluded occupiers, NOT tenants) without creating an HMO.
This is permitted in our area. Nevertheless this would mean there may be up to 3 different households in a property.
In rented properties the scenario created by relationships which come and go is impossible to keep tabs on, but of course councils will leap in and impose fines whenever they can.
We live in a complex constitution, and the PRS is indeed unnecessarily complicated by a bureaucracy which has no understanding of common sense, something which went out of the window years ago.
I can totally understand the people Ben Fogle visits wanting to live on a desert island or in the middle of nowhere.

Mike

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4:06 AM, 1st September 2024, About 2 months ago

Reply to the comment left by Jose at 29/08/2024 - 12:15
Exactly, and how would any landlord prove that a tenant who illegally sublets a property and claims the person is a family visitor and is going to stay for a month or more. The whole thing stinks, and is unnecessary as there are many ways you can bypass the rules, and I know many landlords who allow their tenants to sub-let on the bases of as a relative. Are we suppose to park our car outside the property and spy on our tenants?

DPT

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9:59 AM, 1st September 2024, About 2 months ago

If the property becomes an unlicensed HMO and the Council find out, they may start to investigate who is liable. They can interview landlords under caution. A landlord would need a reasonable defence. For example, if the tenant had claimed the extra people were relatives, I would be asking for signed letters from each occupant stating their familial relationship to every other person in the house. If the landlord was unaware that there were extra people living there, the Council would consider the wording of the tenancy agreement regarding unauthorised occupants and examine the frequency and thoroughness of the landlords inspection regime. Without these sorts of measures, there may also be nothing stopping the tenant from claiming that the landlord gave verbal permission for the additional people and seeking a Rent Repayment Order.

Reluctant Landlord

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10:01 AM, 2nd September 2024, About 2 months ago

Reply to the comment left by NewYorkie at 29/08/2024 - 16:16
agreed. To get over this, they move tenants between bnb's every 6 weeks as it starts the clock ticking again. (they can only officially be in temp acccom for max 6 weeks)

The other thing is, as its 'temp', total occupancy goes out of the window so perfectly acceptable for a family of 6 to be in 2 hotels rooms as much as it be if they were put in a 2 bed house.

Once council I deal with built a number of houses all for social housing BUT, due to the temp acc bill it is cheaper NOT to let them at social rent levels to families who will never move, but instead use them for 'temp accom' to house large families of 6 persons plus (those on the existing housing list or those given immigration status but now homeless) rather than housing them in hotels.

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