In a long reply on another post on HMOs last week, I concluded with the following paragraphs:
Summary
In essence this is where we are at today:
So what’s the likely result? Well You tell me, but what I see is that unless the Council decide to use Article 4, with the liberalised controls, the increased demand for HMOs will be met with an increased supply; the Council's enforcement team will do their best to police HMO quality, but if Council performance on the control of illegal conversions is anything to go by the impact will be limited.
What's the Solution?
I'd like to hear that I'm wrong in drawing the conclusions that I do, but it seems to me that we desperately need Article 4. Other Councils seem to agree. They're applying for it. Haringey say it’s too expensive. What exactly is the cost? I’d like to see the Council’s report on that.
I’ve been told that much of the cost is in the need to apply for the powers. However, in a previous post I quoted the Royal Planning Institute:
“Most importantly the Minister is also advising that councils with policies already limiting HMO development in parts of their locality, can bring in Article 4 Directions straightaway, without notice, to coincide with the national policy change.”
The problem we had with the spread of gambling establishments was principally an issue with national legislation that the Council had little influence on. With this issue, the Council has the power to control the unmanaged spread of HMOs. If five years down the line, the borough is witnessing multiple problems as a result of an explosion of HMOs we will be justified in pointing the finger at the Council as being responsible and justified in holding them accountable for failing to use the powers that are available.
I'm posting here just to check if folk think we should consider applying pressure for Article 4 or just let the fates do their worst?
Tags for Forum Posts: HMOs Article 4, hmos, new hmo controls, 2011
....and as I've said before:
Most importantly the Minister is also advising that councils with policies already limiting HMO development in parts of their locality, can bring in Article 4 Directions straight away, without notice, to coincide with the national policy change.
Thought people might be interested that the response from Harringay regarding my enquiry on the HMO at 12 Warham Road is (see above) now three years overdue. At this rate it will be starting primary school.
12 Warham Road is currently for sale on the net (no board outside), the lights were on tonight so it looks as if it is still occupied. I posted this earlier so apologies for duplication but thought the plan may be of help.
Estate Agents description; " has been renovated to accommodate six GOOD SIZED (!) bedrooms which
Entrance
Bedroom 1 14'3" X 12'4"
Walk in shower
Bedroom 2 12' X 5'
Downstairs WC
Reception room 15'5" X 11'3"
Kitchen
Shower room
FIRST FLOOR
Bedroom 3 11'3" X 6'9"
Bedroom 4 14'3" X 10'5"
Bedroom 5 11'5" X 6'9"
Shower room
Bathroom
Bedroom 6 15'5" X 10'5"
GARDEN
The Estate Agent must be guilty of mis description when he describes bedrooms which are 5 foot wide or 6 foot 9 inches wide as "good sized bedrooms". They are the smallest size legally permissible for a prison cell.
The only place to eat seems to be in the reception room however this seems to house a W C. is that against planning regs?
There are six rooms and if these are all (conveniently) single occupancy the house is outside existing controls for HMOs. (Am I right?). Using this house as an example how will it be changed in order that it can meet the new/ proposed licensing rules?
You beat me to it Maggie. I cannot believe that officers do not consider this to be an HMO, as the estate agents say "is currently receiving good revenue on a room let basis". I'm at a loss to understand why firm action is not being taken given the effort to get this case to court in the first place. The court ordered this to be returned to a single family dwelling - it has not been.
Also, as MIchelle has found out, 12 Warham Road is rated as a single dwelling, E band as of 29/07/2008 when it is quite obviously not being lived in a such. A referal to the coucil tax investigation officers?
Thats number 10. The house that has been subdivided, next to the blue house, is also for sale and is number 10 Warham Road.
(From an earlier posting "not to be confused with the adjacent house, also for sale, " ***INVESTMENT OPPORTUNITY*** Freehold house currently arranged as separate dwellings with planning permission. Currently arranged as a ground floor two double bedroom garden conversion and further first floor two double bedroom conversion."
Hugh replied 'The house next door was legally converted to flats in 1987".)
I agree Michelle. This is what is happening with another HMO which has been converted into 8 en-suites. The tenants confirm that there are at times double that number living there however when the council visit, and they have to give prior notice of their visit, the landlord simply moves beds/ mattresses into store for the visit.
How is this ever going to be policed. I support the new licensing scheme however I don't know how the council is ever going to enforce the new regulations when the rogue landlords are up to every trick and often one step ahead. The landlord is laughing, its hardly inconvenient for him and in the meantime he has a phenomenal return. For the council it is a war of attrition which is costing us money. Time and money is on the side of the landlord, not the council. The determined rogue landlords will show that they are compliant on the day of inspection and then it will be business as usual with their HMOs.
Many of these landlords have 'portfolios' of properties, and at nearly half a million pounds each in this area they are mega rich and are getting richer by the day on the backs of their tenants and the community, and naturally are on the lookout for more 'investments'.
We need to stop the landlords turning houses into hutches, and to force them to turn the houses back to decent accommodation and pay costs to the council.
Did anyone see the Channel 4 News Dispatches Report on Channel 4 News yesterday (Tues 2nd). Can I invite everyone to google into 'Channel 4 news dispatches rogue Landlords' ? You can read the comments of many others including a nos of Enforcement officers et al from other LAs who have written in to say that they believe there to be sufficient enough existing legislation to enable LAs to act but that many HAs just dont have the will to act or to designate enforcement action against Rogue landlords as a sufficient priority.
Worth a look and perhaps a few more comments to be made on Haringeys poor record and inviting Jon Snow to pop along with his camera teams !
GK
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