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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have a house which I have converted into self-contained

Customer Question

Hello. I have a house which I have converted into self-contained bedsits. Each of these units is being taxed seperatately for council tax purposes. Barnet council are telling me that I now have to apply for a HMO licence for this two-floor house. This is a new rule which is coming into force in July for 2 story properties, as it used to only apply to 3 story units. Can they force me to register it as an hmo even though they are taxing the units as totally seperate entities? Thank you.
Submitted: 6 months ago.
Category: Law
Expert:  Nicola-mod replied 6 months ago.
Hello,
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Customer: replied 6 months ago.

Hi Nicola.... ok, let's wait a little longer please. Thanx

Expert:  Nicola-mod replied 6 months ago.
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Expert:  Nicola-mod replied 6 months ago.
Hello,
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Expert:  Nicola-mod replied 6 months ago.
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Customer: replied 6 months ago.
Relist: No answer yet.
Expert:  chatham-chamber replied 6 months ago.

Hi,

How long has it been used as two flats?

Do you have a certificate of lawfulness?

Customer: replied 6 months ago.

Hi. There are actually 6 self-contained studios and no, I do not have a certificate of lawfulness. All I did was to create 3 new internal bathrooms (3 already existed), which have full building regs approval. I have been renting out the rooms in this house for well over 10 years now. Up until this year, however, they were all using shared facilities (bathrooms and kitchens). They now each have their own.

Expert:  chatham-chamber replied 6 months ago.

Hi,

I will look into this further and provide a detailed response in the morning.

I hope this is okay?

Customer: replied 6 months ago.

That will be fine. Thank you very much indeed for your assistance.

These units are let to people who would otherwise be on the street, and have come to me mainly via charities who help find homes for the homeless. I know this doesn't make any difference to the situation but I just thought I would mention it.

Customer: replied 6 months ago.
Relist: No answer yet.
Customer: replied 6 months ago.
Relist: No answer yet.
Customer: replied 6 months ago.
Relist: No answer yet.
Customer: replied 5 months ago.
Relist: No answer yet.
Expert:  chatham-chamber replied 5 months ago.

Sorry for the delay in getting back to you. I have been unavoidably had to deal with work commitments.

In response to your question,yes the council can ask you to apply for a HMO licence if the units do not have permission for separate units.

In order to get around this, I would suggest that you obtain a certificate of lawfulness from your council. If you have been using the units for over 4 years and can provide evidence, the council should grant this.

Once you have this , you should approach the local council and inform them of the fact that they are separate units with a certificate of lawfulness.

Hopefully this should do the trick.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

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