Changes in Legislation for Houses Rented to unrelated individuals from 6th April 2010
Planning law is being altered to treat shared houses or flats which are occupied by between three and sixunrelated individuals living as a single households (or Houses in Multiple Occupation, HMOs) as separate from other ‘dwellinghouses’.
After
This change has no effect on HMO licensing under the Housing Act 2004 – it is a separate planning issue.
Here are some basic situations you may find yourself in and if the changes will or will not affect you.
6 April 2010, if it is expected that, by leasing the property to 3 or more tenants, there has been a ‘material’ change of use, planning permission will be required. It is unclear how a ‘material’ change will be determined although it will relate to the likely impact of a change in use on the surrounding area.On 6 April 2010, my residential property will be or, if vacant, will previously have been let to more than 3 unrelated tenants.
The changes do not affect you. The new planning regulations are not retrospective so only landlords who wish to accommodate 3 - 6 unrelated tenants within a previously unshared property
after 6 April 2010 will be affected.I am considering letting my residential property, which is currently let to 3 - 6 unrelated tenants, to less than 3 tenants.
The changes do not affect you. Changing from an HMO use to a dwellinghouse use (C4 to C3) will become subject to Permitted Development Rights and will therefore not require planning permission.
However, it may mean that you will be required to get planning permission if you subsequently want to let that property to 3 – 6 unrelated tenants again in the future.
I let my residential property to more than 6 unrelated tenants.
The changes may affect you. A residential property which accommodates more than 6 unrelated tenants can be classified as a 'House in Multiple Paying Occupation'. If more than 6 people have been sharing a residential property for more than 10 years, it will not require planning permission as an HMO. However, if it has beenoccupied by that many tenants for less than 10 years the local planning authority may require planning permission. Equally, if the number of tenants has been rising over time planning permission may be required.
After 6 April 2010, I am considering letting my residential property to 3 - 6 unrelated tenants, which I have not done before.
The changes do affect you. It is very likely that you will need to apply for planning permission to let your property as an HMO. Some local authorities are likely to enforce this more rigourously than others and interpret ‘material’ in different ways. You are best to check with your local planning authority whether planning permission is required.
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