Planning enforcement officer visit

[BGARK]

Could do with a bit of advice if anyone can help.

We converted our house many years ago into bedsits, each area having its own bathroom, small kitchenette and so on.

Someone has complained to the council that we are renting them as flats. After which I received quite a serious looking letter from the local planning enforcement officer who is coming to visit this week, says he wants to take pictures etc?

There seems to be a bit of a grey area around the term “self-contained” and what is or is not allowed in different parts of the property?

Has anyone had any experience of this specific issue before, I would welcome any advice as its causing a few sleepless nights.

Thanks.

[BGARK]

Thanks all for the advice, so if it has been like this for more than 4 years we can apply for retrospective planning?

[BGARK]

Just asked a town planner to take a look at the paperwork and offer some advice on the best way to resolve.

That's £150/hr please... great.

[BGARK]

Tom_C76 said:

Wait till you get the quote for the hourly rate of the solicitors and barristers you need next... If you've been renting out multiple flats in what should be a house without planning permission or building regulations approval you really do need proper professional advice to mitigate what could come your way, and sadly that costs proper money.

Agreed and I don't mind paying, its just when its not your skill-set you don't know if you are getting ripped off or even if they will be able to help?

[BGARK]

Andy M said:

Is there any update on the officers visit?

Yes, and it is extremely frustrating.

We removed some kitchen storage cupboards and worktop from a couple of the (living)rooms. Now when I say rooms these are big rooms, with a separate bedroom and en-suite in each.

He came out to inspect, and complained because we left 2 wall cabinets still up. So the next step is to remove those, re-decorate and invite him back again.

These people are bureaucrats with zero compassion or common sense. By removing storage cupboards it now means people need to store their belongings in cardboard boxes on the floor, but hey apparently that is fine!

He was also interested in how many people are living there, which is currently 5. However its a very large 7 bedroom house and we could possibly apply for a HMO to suit 6 people. Go figure..

[BGARK]

Charlie1986 said:

Burgmeister said:

The OP sounds like a prime example of why landlords get bad press. If you're going to be a landlord then learn the rules and regulations and don't ask the basics on a motoring website.

Join the NLA or the RLA and get on some training courses.

Yep I agree with this, If you play the game learn the rules

This sort of thing really annoys me, The house used to be my family home. The interior layout etc has not changed for almost 15 years. I move out and rent it, I put myself out to make sure all of the fixture and fittings are of the highest standard, the tenants don't want to leave because its such a beautiful place, and I don't charge a lot.

But I am bad guy apparently?

[BGARK]

Burgmeister said:

you're putting tenant safety at risk.

Hang on a second, we are discussing planning law and bureaucracy, not safety concerns. What makes you think that the property is not safe?

All internal doors are fire doors, even the ones that didn't need to be! There are wired smoke and CO detectors, all gas safety checks and certification has been signed off and so on.......

[BGARK]

shakotan said:

So each bedroom has been made into a bedsit by installing an en-suite and kitchen facilities.

No. Imagine 3 large rooms next to each other. One is the bathroom, next is the bedroom, next is a living room with a small kitchenette. It only has a sink, and people plug in their own hob / microwave for basic meals. The main kitchen still has the oven and other facilities.

Multiply the above by 4 in one house.

Plus it has an annex..

[BGARK]

TA14 said:

it does sound like you're removing anything which could be regarded as a shared cooking facility in order to avoid the building being classed as a HMO and you'd rather have tenants keep food in cardboard boxes rather than have the house classed as an HMO. https://www.gov.uk/government/uploads/system/uploa... but I could well have hold of the wrong end of the stick here.

Nope, I don't want to move a single thing. Its the enforcement officer that has told me to remove items, and I would much prefer this was classed as a HMO.

I am trying my best to give the tenants alternate space and juggle stuff around so at least they are not uncomfortable until we know exactly where this ends up?

[BGARK]

13m said:

I'm not clear whether you've removed the communal kitchen facilities or those in the "units". Can you clarify?

Only the ones in the "units" the main kitchen still remains untouched.

Been like this for 15+ years.

[BGARK]

O/T but I have a tenant that today wants to give TWO days notice for leaving the property, are we entitled to hold any of the deposit back with such short notice?

If the shoe was on the other foot there would be uproar!

[BGARK]

Wacky Racer said:

BGARK said:

O/T but I have a tenant that today wants to give TWO days notice for leaving the property, are we entitled to hold any of the deposit back with such short notice?

If the shoe was on the other foot there would be uproar!

What are in the letting terms?

The notice required should be in there.

They should stick to what they signed up to.

Anything else should be at YOUR discretion.

Thanks, their tenancy agreement is one months notice.

[BGARK]

blindspot said:

They are liable for the rent until their tenancy is ended by giving proper notice, unless you accept an earlier end of tenancy date. Assuming you don't accept that earlier termination, you are perfectly entitled to take unpaid rent from their deposit.

Just make sure you can demonstrate the relevant dates if challenged.

Thank you, thought as much.