HMOs and Use Class Orders

On 15 January, Iain Wright MP, Minister for Planning, gave a written answer in the House of Commons: "We propose to consult on possible amendments to the Use Classes Order in relation to HMOs later in the year." Preliminaries to this consultation are now under way. CLG says, "Communities and Local Government have commissioned a short evidence-gathering exercise, being carried out by ECOTEC consultants, which will identify good practice and determine what levers, in addition to planning policy, might be suitable in tackling [HMO] problems."

The first step is a series of telephone interviews by ECOTEC of officers in local authorities, universities and elsewhere including the National HMO Lobby (to which Downstream South and the Bath Federation of Residents Associations are affilated).

These interviews will feed into a series of focus groups in Leeds, Loughborough and Nottingham (and perhaps elsewhere), bringing together council departments, universities, landlords - and community representatives.

In turn the focus groups will inform a HMO Seminar to be held at the CLG on 9 April. A range of stakeholders have been invited to send representatives - local authorities, universities, residents groups, the National HMO Lobby, landlords, the government itself. I understand representatives from Leeds, Loughborough and Nottingham have been invited, and the Chair of the HMO Lobby.
We'll keep everyone posted on progress. We do seem to be making headway at last!

Use-class Orders - Controlling the spread of HMOs

As you will know Cllr Shaun McGall and fellow Liberal Democrat Councillors in Bath and across the country have been campigning for years to get central Government to give local Councils the powers to make landlords apply for planning permission to convert a 'family' home into a privately rented property, where that is for students, nurses, or young professional.

The National HMO Lobby (which includes the Bath Fed. of Residents Associations), the Councillors' Campaign for Balanced Communities (includes Cllr Shaun McGall) and the All Party Parliamentary Group on Balanced and Sustainable Communities (includes Don Foster, MP for Bath) have been lobbying for this and to bring English law into line with that of Northern Ireland.

The Secretary for State for Communities and Local Government, Iain Wright MP, replied to a parliamentary written question on the 15th January 2008, stating:

"Under existing planning regulations, the conversion of a dwelling house into bed sits may require planning permission, depending on the characteristics of the proposed domestic arrangements and whether these are deemed to result in a material change of use. The Government recognise that there may be instances where the use of dwelling houses in group occupation may have adverse impacts upon the character and amenity of existing neighbourhoods. We intend to conduct further research into the extent of this problem and possible ways of addressing it. There may be a case for amending the Town and Country Planning (Use Classes) Order 1987 to strengthen the ability of local planning authorities to control the proliferation of houses in multiple occupation (HMOs). We propose to consult on possible amendments to the Use Classes Order in relation to HMOs later in the year."

This is a great step forward and local Liberal Democrats will be encouraging as many local residents and interested parties to respond to this consultation when it occurs later in the year.

Report non-registered privately rented houses

Finally the Council has agreed to take a hard line with landlords of houses in multiple occupation (e.g. flats, bedsits and shared houses) that have failed to come forward and become licensed, as required by the Housing Act 2004.

The legal requirement to licence certain types of houses in multiple occupation came into force on the 6 April 2006 and since that time the Council has been processing and issuing licences for these properties. To be licensed, the property must be free from serious hazards, be well managed by a ‘fit and proper’ manager and have adequate amenities and facilities for the number of people living there. There is a five yearly charge for being licensed, which for a building with five units of accommodation is currently £340.

Thankfully, the Council is now starting to concentrate on those landlords that have not licensed their properties. Those landlords who have not come forward to licence their properties and have had to be tracked down by the Council will be charged an additional £100 on their licence fee. This sum will cover the cost of the work in trying to identify them.

Landlords can also be prosecuted for not licensing their properties. Currently the maximum fine for failing to licence a property is £20,000. We hope the Council will take prosecution action where appropriate. A landlord may also be ordered to repay the rent to the tenants for the period the property was without a licence.

Landlords have a responsibility to ensure that the appropriate standards are met and however, we know there are landlords who have not yet contacted the Council and this crackdown will help identify those properties which are not up to standard.

Do you know of any privately rented house in Oldfield Park which you feel should be licensed as it is three stores high (including a basement, or a loft conversion)?

Please report this property to the Council's Housing Services on 01225 396269.