Another HMO applies for certificate of lawfulness. Please object!

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Permalink Reply by Alan Stanton on March 8, 2009 at 12:27

Apologies Anette, if you already know this.

But for anyone in this position, unless they're certain that a conversion was over four years ago (and ten years for an HMO) it may be worth checking carefully through the documents submitted by the owner. These are kept on a public Planning file. Incidentally, for some reason, not every document submitted is shown online. So it may be ncessary to request the paper file. And if they say it's been mislaid, just insist gently but firmly.

I am not referring to this specific case as I haven't seen the file.

However I've done some work with Nora Mulready (of David Lammy's office) on the general problem. In one case - with an enormous amount of help from a resident - we discovered that the owner had falsified utility bills and (almost certainly) tenancy agreements.

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Permalink Reply by Anette on March 8, 2009 at 16:23

Thanks Alan. Unfortunately this guy was smart enough to start paying council tax straight away on his illegal conversion. He's obviously aware of the lack of communication between departments here. So we haven't got a leg to stand on. He also got a certificate of lawfulness, which he applied for 3 months after the 4 year limit. It makes me so angry to know he got away with it, and it's so obvious that he played the system.

I can't see any planning file, as none was submitted for this, obviously, as it was orgiginally illegal.
So as far as I can see my only hope is that the property is inspected, deemed not fit for purpose..and then what? Not sure, never gotten that far before..

Any ideas most wekcome!

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Permalink Reply by Anette on June 29, 2009 at 21:57

A final and depressing update on this one: I have been on to the council since September last year to get them to go and inspect this place, in the hope that it was a shoddy conversion so that we could possibly do something about it. Not so. They finally went in there, and all seems to be in order. However, I'm finding it hard to believe that a flat in a converted ladder house is big enough for a family with a baby. Can't be right? Here's the letter I received from the council. It seems this one is truly lost, and it's just making me SO ANGRY!!!! Add on the twonks who live there who come home at 11 pm every night, and then shouts across the road to each other for 10 min, just to make sure everyone else has woken up. Arrgh! No regard for others at all.
Anyway, here's the letter, depressing indeed, and I still can't believe it's correct:

The property consists of 4 flats three of which are occupied and the other vacant whilst being refurbished.

Ground Floor Flats
Flat one is currently vacant whilst undergoing a refurbishment.
Flat two is occupied by a couple and their baby.
Both flats are well within the space standard required for this type of family and are not deemed over crowded.

First Floor Flats
Flat three is occupied by a couple with a baby.
Flat four is occupied by a single male.
Again both flats are within the space standards for the people occupying them.

The property internally is in overall good condition with the appropriate fire safety required for a dwelling of this nature including automated fire detection and smoke alarms.

There are external aspects of the property which require better management from the owner and the managing agents. It was agreed that the rear and front gardens need regular maintenance and that the waste management of the property needs addressing to prevent overflowing refuse bins etc, which can attract vermin.

Although this was agreed verbally by the owners who were keen to see that this was addressed it has been put formally in writing to the owners and the managing agent will monitor this aspect of the investigation to ensure that provisions are put in place.

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