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Family home turned into multi-occupation house despite concerns

Retrospective plans to turn a family home into a seven-bed house in multiple occupation in Coventry have been approved, despite a councillor’s claims it is a deliberate attempt to circumvent the planning process.

A bid for a nine-bed HMO was previously refused by officers on the grounds it was intensified use but a second application was passed by a committee on Thursday (June 13) after the size reduced by two rooms.

Councillor Tim Sawdon had criticised how the applicant sought retrospective approval for 30 Old Mill Avenue, and blasted the proposals as gross over-development of the site.

But planning officer Shamim Chowdhury said: “The use is clearly different to a family house and increases the potential of noise, however in this case it is a large property and does not share and walls with other houses.

“Retrospective applications are acceptable and we cannot control that.

“In terms of assessment we do the same as a normal application.”

One of the conditions was for the house to be occupied by no more than seven residents, with planning policy manager Mark Andrews adding the authority will be monitoring the licence.

Concerns were also raised about whether the parking was adequate, with officers stating up to six cars would be catered for, but only with four at a time would they be able to manoeuvre on the drive independently.

Cllr Naeem Akhtar said: “Our local plan requires all HMOs to provide adequate parking, this is not adequate parking.”

Council officers said the local plan indicates the application requires ‘up to six spaces’ and was therefore acceptable.

By Tom Davis

Source: Coventry Telegraph

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Rogue Carlisle landlords prosecuted for unsafe conditions

Two Carlisle-based rogue landlords have been fined more that £1,000 each following a successful prosecution by Carlisle City Council.

Following a series of unannounced visits to rented premises in November 2018, Carlisle City Council has successfully prosecuted Sait Colak (49) and Erkan Colak (43) – both of 41 Fernlea Way, Carlisle – for offences under the management of a House in Multiple Occupation (HMO) regulations.

The visits backed by warrants from the Magistrates Court were carried out in coordination with the Cumbria Fire and Rescue Service, Cumbria Police and the Immigration, Control and Enforcement Service.

The offences related to poor management and unsafe conditions in the property. The landlords were fined £1,000 each on Wednesday 8 May 2019 by Carlisle Magistrates Court. In addition to the fine, £150 costs and £50 Victim Surcharge were also imposed.

Both Sait Colak and Erkan Colak pleaded guilty (by post) and neither attended the hearing.

Carlisle City Council spokesperson said: “The successful prosecution demonstrates the effectiveness of multi-agency working – a key feature of the Rogue Landlord Project funded by the Controlling Migration Fund. The project targets unlawful activity in the private rented sector with a focus on the Botchergate area and fast food premises.

“All Houses of Multiple Occupation should be properly managed; ensuring the safety and security of the tenants. In addition to this court prosecution, we are also now using the powers under the Housing and Planning Act 2016, to issue civil penalties against landlords. To date we have issued five civil penalties to landlords found to be operating without HMO licences.”

A House in Multiple Occupation is a privately rented property which is shared by more than two individuals and who share facilities such as a bathroom or kitchen. Any HMOs occupied by five or more individuals must be licensed. All HMOs must be managed to ensure the tenants are safe and secure.

 Source: Cumbria Crack
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Thousands of HMO landlords still operate without licences and provide poor living conditions

Many UK renters are living in Houses in Multiple Occupation (HMO), which, under current regulations, are properties rented out to three or more people forming at least two separate households, where tenants share basic amenities such as a kitchen or a bathroom. Any HMO that houses more than five people forming two or more separate households requires the landlord to apply for a licence to the local council, at an average cost of £600.

Students and the increasing number of people sharing flats with friends will be familiar with the common problems associated with living in an HMO. Most commonly, HMO landlords can be slow to make repairs, and the overall quality of the housing is more likely to be substandard.

Under current regulations, HMO landlords have to provide adequate fire escapes, gas and electrical safety, and minimum bedroom sizes; however, when it comes to the actual quality of the housing, there are no standards that can be enforced. In the worst cases, large-scale HMO housing has been found to contain damp and mould, kitchens in a state of disrepair, and vermin. These problems especially affect HMOs that have been converted from guest houses, as a 2015 BBC exposé demonstrated.

Moreover, thousands of landlords across the country are still avoiding licensing, putting their tenants at risk. In a landmark court case earlier this year, five Leeds flatmates took their landlord to court for failing to comply with licensing regulations, winning back all of their rent.

It may be that a more transparent and uniform landlord licensing scheme in which the money is reinvested into property maintenance could improve tenants’ living conditions – and increase landlord compliance.

‘Effective enforcement of rental sector standards is one of the biggest problems facing the lettings industry,’ says Neil Cobbold, chief operating officer of automated rental payment company PayProp.

‘Landlords might be happier to pay for these licences if they know the money is going to be used to raise PRS standards and identify rogue operators. Licensing schemes are sometimes criticised for being “revenue raisers” for local councils,’ adds Cobbold.

‘However, if authorities are more open about where the money is going and more focused on reinvesting it into housing, licensing schemes could be more effective with higher rates of compliance.’

Source: Real Homes

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Plans to turn Rhosddu property into HMO for up to eight people given go ahead on appeal

Plans to convert a terrace property in Rhosddu into a HMO have been allowed on appeal – despite being rejected unanimously by planning committee members.

The application for 33 Park Street proposed that the four bedroom property was turned into five-bedroom house in multiple occupation (HMO) for eight residents.

The plans had been recommended for approval by the head of environment and planning Lawrence Isted, who said he was satisfied that the development “would not result in an over concentration of HMOs in the immediate locality.”

But the plans were were turned down by councillors in January 2019 amid concerns over a lack of parking and amenity space for residents.

Objections had also been raised by several neighbours who fear that tenants would be ‘crammed in’ and may include substance abusers. The council’s highways department said it was also against the scheme because it did not include enough parking spaces.

However planning inspector Clive Nield has now overturned the council’s decision and approved the application on appeal.

In his report Mr Nield says that although there is a lack of parking along Park Street, the proposed HMO “would be in a suitable location for tenants who rely on walking, cycling and public transport”

Addressing concerns about a lack of amenity space, Mr Nield continues onto say: “The council’s Local Planning Guidance Note 5 (Houses in Multiple Occupation) says that HMOs should have a large enough private outdoor area to provide space for external drying areas, cycle parking and bin storage and to provide for the amenity of the future occupiers.

“It goes on to say that for an HMO accommodating 8 tenants it will normally seek a minimum private outdoor area of 32 m2.

“In this case, the space in the back yard of the appeal property is reported to be 27 m2. There is also a small area at the front of the property. However, that is not private space, as required.

“The limited amount of private amenity space available also falls well short of the level normally considered acceptable for a family dwelling and is a feature of this densely developed urban area.

“However, there are public open spaces only a few hundred metres away, and the yard is adequate for clothes drying and the storage of bicycles and bins.

“Whilst it does not fully meet the standard sought by the Council’s Guidance Note 5, I consider this shortcoming to be insufficient reason on its own to justify refusing the proposal.

“I conclude that the private outdoor amenity space provided would be adequate, despite its limited area.”

He also notes that whilst there have been concerns from residents about potential occupiers of the HMO and antisocial behaviour, the “licensing requirements for HMOs also provide an element of control, including a condition that the landlord is held accountable for antisocial behaviour.”

It is the second HMO in the Rhosddu to have been allowed on appeal in the past 12 months.

Grosvenor councillor Marc Jones, said: “This goes against the local planning committee‘s decision and ignores the concerns raised by myself and local residents.

“The inspector claims parking for 8 people would not be any worse than for a family. He also states that being close to public transport makes it less likely that people will need a car. What public transport?!

“He admits that the amenity space is below guidance levels for eight people but says it’s no big deal and it’s limited for a family anyway. There’s a big difference between eight individual people living under one roof and a family in terms of needing outdoor space.

“This is a poor decision by the Planning Inspectorate and confirms my view that local communities do not have enough say in planning matters.”

Source: Wrexham

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Students win rent refund from unlicensed landlord

Five students from Leeds have won a rent refund from their landlord who failed to acquire a House in Multiple Occupation licence (HMO).

Ben Leonard, a postgraduate student, and his four housemates found out their home didn’t have an HMO licence when their landlord applied to Leeds City Council for one halfway through the tenancy.

A HMO must be held by any home occupied by five or more unrelated people who share communal facilities, with at least one tenant paying rent. It confirms the house has the correct safety certificates, that fire alarms are present and working and whoever is in charge of the property is qualified. It also confirms that the landlord does not have a criminal record.

Landlords who don’t have a HMO face fines of up to £30,000, including repaying up to 12 months of rent to their tenants, via a rent repayment order (RRO), which is what happened to Leonard’s landlord.

A housing officer from Leeds City Council informed the tenants that the council was taking action against landlord and explained that they were entitled to seek an RRO.

The tenants made their application, which included evidence of paying rent, bank statements and the tenancy agreement, which was accepted and the landlord was taken to court. He pleaded guilty and, after bills were deducted from the amount owed, as well as a further deduction due to the landlord’s financial situation, each tenant was owed around £2,000.

‘Incredible response’
After winning the case, Leonard told the BBC he received an “incredible” response on Twitter earlier this month. He was inundated with messages from other tenants who felt their landlords might have cases to answer.

The case coincides with the government’s announcement two weeks ago that they plan to repeal Section 21 of the Housing Act (1988), which allows landlords to evict tenants at the end of their fixed-term, and put an end to ‘no-fault’ evictions.

The change in the law would, the government said, “protect tenants from having to make frequent and short notice moves, and will enable them to plan for the future.”

Written by: Max Liu

Source: Your Money

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Landlords warned to prepare for new HMO rules

FROM April 1, the licensing laws for Houses in Multiple Occupation (HMO) in Northern Ireland have changed.

Mandatory HMO licensing is being extended because of concerns about the number of HMOs operated by landlords who rent out sub-standard, overcrowded and dangerous accommodation, exploit vulnerable tenants and in some cases defraud the public purse.

A house in multiple occupation is a single property in which multiple households live and share basic amenities. A typical HMO may have a kitchen and/or bathroom shared between two or more rented households. These laws do not apply to rented flats or apartments with separate facilities.

According to figures obtained by the BBC, there are over 6,000 HMOs in Northern Ireland, with more than 4,000 based in Belfast.

Under the new scheme, all HMOs in Northern Ireland must hold a valid licence and landlords without licences or found to be in breach of the conditions of their licence, risk significant fines of up to £20,000 and/or prosecution.

HMOs previously been registered with the NI Housing Executive, which still benefit from valid unexpired licences, will automatically transfer to the new local council scheme. HMO licenses are valid for a period of five years and must be renewed periodically.

The licensing of all HMOs in Northern Ireland is now managed by the relevant local council. The ultimate purpose of the new legislation is to ensure that the accommodation is safe for the tenants and surrounding neighbours.

Under the legislation, landlords must have an anti-social behaviour plan in place and keep a record of instances of anti-social behaviour and what actions have been taken by the landlord to deal with the situation. Landlords will be provided with a guide from the Council, advising them on how to tackle these issues.

The legislation also requires HMOs to adhere to certain health and safety standards. The property must benefit from valid up to date safety and maintenance certificates for all relevant appliances.

From April 15, tenants of HMOs will be able to contact their local council to check if the property they reside in is registered as a HMO. Under the legislation, the tenant can report their landlord to their local council if the tenant suspects that there is not a valid licence in place or if the conditions of the licence are being breached.

The local council has the power to impose certain conditions on licenses and revoke HMO licenses if conditions are not being met.

The rules could have a major impact on city landlords who rent out premises to students and the growing number of professionals who share houses and flats.

By Oonagh Murdock

Source: Irish News

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Flintshire HMO Landlord Prosecuted

A Flintshire HMO landlord has been prosecuted for several offences under legislation designed to protect tenants living in shared accommodation.

Environmental health officers at Flintshire Council visited the Flintshire House in Multiple Occupation (HMO) owned by landlord Glyn Trevor Roberts in July 2018.

The inspection revealed numerous deficiencies including no working fire alarms, no fire doors, defective electrics and inadequate bathroom amenities.

The Flintshire landlord also subsequently ignored requests made under the Management of Houses in Multiple Occupation (Wales) Regulations 2006 to produce gas and electrical testing certificates.

An improvement notice was served by Flintshire Council under the Housing Act 2004 and a subsequent inspection found that the improvement notice had not been complied with and that the gas boiler had been condemned for safety reasons.

The council then took the matter to Wrexham Magistrates Court. Mr Roberts pleaded guilty to all six offences relating to the property – in Connaught Avenue, Shotton.

The six offences included failing to comply with an Improvement Notice, failing to register rental property, failing to obtain a licence to manage rental property and failure to supply gas and electrical test certificates.

Mr Roberts claimed to be in financial difficulties and the property was due to be sold within the next six weeks. However, he was found guilty of all six offences and in sentencing was fined £600. He was also ordered to pay a contribution of £200 to Flintshire Council’s costs.

The Flintshire landlord was told that breaches of such legislation could end in tragedy and that if it weren’t for his financial situation, the scale of the fines would have been much greater.

Flintshire Council’s chief officer for planning, environment and economy, Andrew Farrow, said: ‘This successful prosecution sends a clear message that Flintshire County Council will not tolerate the poor management of Houses in Multiple Occupation.

‘This legislation is designed to protect the health, safety and wellbeing of some of our most vulnerable residents.’

Source: Residential Landlord

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HMO Investment Key As One Person Households Increase

Many buy to let investors are looking at HMO investment as the number of one person households increases.

Latest data from the Office for National Statistics shows that the number of one person households is continuing to rise, up 16 per cent to 7.7 million over the two decades from 1997 to 2017. This is projected to hit 10.7 million by 2039.

This trend has largely been driven by older age groups and as a result of greater numbers of children born in the 1960s and exacerbated by an increase in singles and divorcees.

The higher cost of living for one person households has also been highlighted, with those doing so spending up to 92 per cent of their income leaving little room to save. The biggest expenditure is housing costs including rent and bills.

Those living alone are also less likely to own their own home and therefore look for rented accommodation.

In addition, living alone also has implications that stretch beyond the financial burden. One person households have the lowest measure of wellbeing of all house hold types.

Whilst rented property can still be expensive for one person households, many are turning towards shared accommodation to help balance the budget and also provide company.

Buy to let investors who can offer quality shared accommodation are likely to reap the benefits the trend towards one person households with higher than average yields.

Co-founder of ideal flatmate, Tom Gatzen, commented: ‘The current cost of living is making it tough for many to get by, but shouldering this financial burden alone makes it all the more difficult.

‘While we are currently seeing an upward trend in single occupant living as a result of a growing population and social factors such as an increase in divorce rates, we are also seeing a similar increase across other living habits such as co-living.

‘While living alone is more prevalent across older age groups, we’re seeing a growing preference amongst younger generations to live in share households. This is not only helping them to address the financial issues head on but can also help with other disadvantages associated with living alone such as a lower level of wellbeing.

‘If properly considered and developed, this lifestyle trend could go some way in addressing the predicted uplift in those living alone over the next two decades and the negative impact that this could have on this segment of the population.’

Soruce: Residential Landlord

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Shotton landlord fined for leaving tenants without fire alarms, faulty electrics and an inadequate bathroom

A private sector landlord has been prosecuted for a number of offences under housing legislation designed to protect tenants living in shared accommodation

Flintshire Environmental Health Officers inspected a House in Multiple Occupation (HMO) at  7 Connaught Avenue in Shotton last July

They discovered the house had no working fire alarms, no fire doors, defective electrics and inadequate bathroom amenities.

The property owner Glyn Roberts had ignored requests made under HMO to produce gas and electrical testing certificates.

An Improvement Notice was served under the Housing Act 2004, a follow up inspection found that the Improvement Notice had not been complied with and that the gas boiler had been condemned for safety reasons.

Glyn Trevor Roberts pleaded guilty to all 6 offences relating to the property at Wrexham Magistrates Court.

Offences included failing to comply with an Improvement Notice, failing to register rental property, failing to obtain a licence to manage rental property and failure to supply gas and electrical test certificates.

In mitigation it was heard that Mr Roberts was in financial difficulties and was expecting to complete a sale on the property within the next six weeks and would then no longer be a landlord.

Mr Roberts was found guilty of all 6 offences and in sentencing was fined £600.

He was also ordered to pay a contribution of £200 to Flintshire County Council’s costs.

In sentencing, Mr Roberts was warned that breaches of such legislation could end in tragedy and that if it weren’t for his financial situation, the scale of the fines would have been much greater.

Flintshire County Council’s Chief Officer for Planning, Environment and Economy, Andrew Farrow, said:

“This successful prosecution sends a clear message that Flintshire County Council will not tolerate the poor management of Houses in Multiple Occupation.

This legislation is designed to protect the health, safety and wellbeing of some of our most vulnerable residents. 

It reflects Flintshire County Council’s commitment to ensuring homes in the private rented sector are in good repair, have all the necessary amenities and are properly managed.”

Source: Deeside

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Introduction of new licensing scheme for Houses in Multiple Occupation

A new licensing scheme aimed at improving conditions for occupiers and addressing issues that can affect neighbourhoods will be introduced for Houses in Multiple Occupation (HMO’s) from 1 April 2019.

It will require landlords to meet important quality and safety standards before an HMO is let.

This regulatory regime will also be linked to planning, ensuring that the concentration of HMOs is managed.

Belfast City Council will manage the licensing scheme on behalf of all local authorities in Northern Ireland. More information is available on their website at www.belfastcity.gov.uk/nihmo.

Belfast City Council will also launch an advertising campaign to include online, radio and newspapers, to ensure landlords and tenants are aware of the change in responsibilities. It is intended that all local councils will share this messaging and information widely.

The licensing scheme will be managed by the NI HMO Unit based in Belfast City Council; they will process applications and enforce the regulations across NI, ensuring the terms and conditions of the licences are complied with by landlords.

The decision on whether to award a licence will be the responsibility of the local council in which the HMO is located.

The new system will work more effectively because HMO regulation will be linked to other critical functions, such as planning, building control and environmental health, all of which are under the responsibility of district councils.

David Polley from the Department for Communities said, “From 1 April 2019 Councils will be responsible for HMO regulation carrying out checks and inspections to ensure that the property is suitable for the specified maximum number of persons intending to occupy it.

“This is about improving the quality of this type of private rented accommodation and is something which should be welcomed by landlords, those living in HMOs and those living around them.

“Well managed multi-occupancy houses are an important part of the housing market in Northern Ireland. New licensing arrangements will mean councils will be expected to work with landlords and owners of HMOs to ensure flats and houses are safe and well maintained,” he added.

Source: Newry Times