Councils across the country have been taking a much stricter approach to houses in multiple occupation, both when it comes to new HMOs and to existing properties that have been in use for many years.
The London Borough of Newham is one of the most restrictive authorities in this respect.
First, the borough is covered by an Article 4 direction, which removes permitted development rights for the change of use of houses and flats to small HMOs. In practice, this means that planning permission is required for many HMOs that would not need it elsewhere.
Secondly, Newham’s planning policies take a very firm stance against new HMOs. Policy H4 of the Local Plan is aimed at protecting existing family housing and is frequently relied on to refuse applications.
Newham’s enforcement team has also been actively investigating existing HMOs, including properties that have been operating for many years, to check whether planning permission was ever required or obtained.
The case
In this case, our client had been operating a HMO for a long time. Based on the council’s policies, we advised that an application for planning permission was unlikely to succeed. However, the length of time the property had been in use meant that the position was very different from an enforcement point of view.
Although the rules have since changed, at the time the relevant test was whether the HMO use had been carried on continuously for more than ten years. If it had, the use would be lawful and immune from enforcement action.
We therefore applied on the client’s behalf for a certificate of lawfulness to confirm that the use of the house as a HMO was lawful.
Evidence and outcome
Applications for certificates of lawfulness are entirely evidence-based. It is not enough to say that a use has been ongoing for a long period — it has to be proved.
We worked closely with the client to assemble detailed evidence covering many years of occupation, demonstrating that the property had been continuously used as a HMO throughout the relevant period.
The council was satisfied that the evidence met the legal test and issued the certificate of lawfulness, confirming that the HMO use was lawful and not subject to enforcement action.
This brought the client much-needed certainty and removed the risk of future enforcement proceedings.
HMOs, enforcement and the importance of early advice
Cases like this show why it is important to take advice before responding to council enquiries or enforcement action. In some situations, applying for planning permission is the wrong approach and can actually make matters worse.
We regularly advise on planning enforcement matters in Newham, including cases involving HMOs, changes of use and applications for certificates of lawfulness.
If you are concerned that a property may not have planning permission, or you are unsure whether a use is immune from enforcement because of the passage of time, it is worth getting advice before taking any formal steps.
For more general advice, check out Martin Gaine’s dedicated HMO page, as well as his book, Planning for HMOs.
