We recently obtained a certificate of lawfulness for a HMO in Enfield.
A HMO in use class C4 is residential accommodation for up to six individuals from at least two households.
The application related to a property which had been used as a HMO for a period exceeding ten years, but without the benefit of planning permission.
Under section 171B(3) of the Town and Country Planning Act 1990, enforcement action against an unauthorised change of use must be taken within ten years. After this period, the use becomes immune from enforcement. Section 191 allows an application to be made for a certificate confirming that the use is lawful.
The key issue
The central issue in this case was whether the use of the property as a HMO had been continuous for a period of at least ten years prior to the date of the application.
This is a matter of evidence. The council must assess, on the balance of probabilities, whether the claimed use has occurred continuously over the relevant period.
The evidence
We worked with the client to compile a detailed and consistent body of evidence covering the full ten-year period.
This included tenancy agreements and renewal documentation, gas safety certificates, tenancy deposit records, landlord insurance documents, marketing particulars, correspondence with the managing agent and bank statements showing the receipt of rent.
A statutory declaration from the applicant was also provided to confirm the history of the use.
The evidence was carefully organised and cross-referenced to demonstrate continuous occupation of the property as a HMO since July 2014.
How the case was presented
The Supporting Statement set out the legal framework and explained how the evidence met the required test.
In line with government guidance, the case emphasised that where evidence is precise, consistent and unambiguous, and there is no contradictory evidence from the council, a certificate should be granted.
Particular care was taken to ensure that the evidence formed a coherent narrative over time, with no gaps or inconsistencies that might call the continuity of the use into question.
The outcome
The council accepted the evidence and issued a certificate of lawfulness confirming the use of the property as a HMO.
A note on HMO lawfulness applications
Applications for certificates of lawfulness are determined on the basis of evidence rather than planning merits.
In practice, many applications fail because the evidence is incomplete, inconsistent or poorly organised. The key is not simply the volume of material submitted, but whether it clearly demonstrates continuous use over the relevant period.
HMO planning advice
We regularly advise on lawful development certificates for HMOs, including cases involving the ten-year rule and complex evidence.
We also regularly obtain planning permission for HMOs in Enfield, including in Article 4 areas. See our case study on securing planning permission for a HMO in Enfield.
For more on HMOs, have a look at our full guide.
Martin Gaine, director of Just Planning, is the author of Planning for HMOs, a guide to how the planning system applies to shared housing.
If you require advice on a certificate of lawfulness for a HMO project, please get in touch.
