In this case, our client had been renting out his property in Enfield as a house in multiple occupation (HMO) for a period of more than ten years.
A HMO in use class C4 is residential accommodation for up to six individuals from at least two households.
The use did not have planning permission but he wanted a certificate of lawfulness (also known as a lawful development certificate) to confirm that the use was now lawful because it had been continuous for more than ten years (the so-called ‘ten year rule’).
Under Section 171B(3) of the Town and Country Planning Act 1990, enforcement action for an unauthorised change of use of land or a building must be taken within ten years.
Section 191 allows individuals to apply to their Local Planning Authority (LPA) for a certificate confirming that a use is lawful due to the passage of time.
According to government guidance, applicants must provide sufficient evidence to support a certificate of lawfulness. If the LPA lacks contradictory evidence and the applicant’s evidence is precise and unambiguous, the certificate should be granted.
We helped our client compile detailed evidence of the use, and made our case in a comprehensive Supporting Statement. We then submitted an application in July 2024, with the aim of proving continuous use of the property as a House in Multiple Occupation (HMO) since July 2014.
The extensive evidence included tenancy agreements, renewal letters, gas safety checks, tenancy deposit records, landlords’ insurance, property marketing details, correspondence with the letting agency, and bank statements showing rent payments. Additionally, a statutory declaration from the applicant confirmed the provided details.
We were delighted when the council issued the certificate of lawfulness.
If you have need of planning advice, please do not hesitate to contact our team.
For more on HMOs and the planning system, check out Martin Gaine’s book, Planning for HMOs, a practical guide.
