Student Housing and HMOs

The issue of HMOs/student housing and the impact it has on creating and maintaining balanced and sustainable communities has cropped up once again.

As with all these issues there are two sides to the story and we cannot simply point the finger at students and say they are to blame for all the problems in a community. We must work together for better solutions for everyone.

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February 2010:- Charnwood Borough Council initial interpretation on what the HMO and Use Classes Order guidance may mean

From: Hankin Dave [mailto:David.Hankin@charnwood.gov.uk]
Sent: 15 February 2010 16:15
To: ROBINSON, Richard
Cc: REED, Andrew; Mallon Eileen
Subject: RE: HMO legislation

Richard

As you might imagine we have received a great many enquiries in a similar vein to this one. We have been advising people that until we receive further details of the proposed amendment to the Use Classes Order, including a precise definition as to what a House in Multiple Occupation is for the purposes of planning law, together with the proposed guidance, then we cannot offer authoritative advice.

However, subject to that important health warning, I can perhaps offer a few pointers for Mr Reed's information:

Firstly, the proposed amendment to the Use Classes Order 1987 simply creates a new Use Class for Houses in Multiple Occupation whereby a proposal for the change of use from a "family dwelling" occupied as a single household will require planning permission before it may be occupied as a HMO. The definition is important here, although we are given to understand that it is likely to be similar to that employed in the Housing Act 2004 - that is, simply, any house or flat which is occupied by more than one household who share a kitchen, bathroom or toilet facilities. Any amendment to the law is not normally applicable retrospectively, and I would not expect a different approach here.

The amendment does not alter the provisions for licensing under the Housing Act 2004 - HMOs which are three storeys or more, house 5 or more people who form two or more separate households and who share bathrooms, toilets or cooking facilities require a mandatory licence. HMOs falling outside that definition are not required to obtain a licence but are required to conform to the statutory Management Regulations - as such smaller HMOs are essentially self regulating and the Borough Council intervenes only in response to complaints from tenants.

Where a property requiring a mandatory licence changes ownership a new licence is required, and they are normally limited to five years anyway. However, the purpose of licensing is to control the fitness and safety of the property; the licensing process has no jurisdiction over the use of the property in principle. Accordingly, provided a property satisfies the required standards then a licence must be issued without regard to the number or proportion of similar properties in the locality. Further details of the licensing procedure can be viewed via this link:

http://extranet.charnwood.gov.uk/uploads/hmolicencingprotocol.pdf

I would expect that where a property is occupied already in a format consistent with the yet to be confirmed definition of a HMO under planning law on the material date of the enactment then that will be its lawful use - a property owner might wish to apply for a Certificate of Lawfulness of Use/Development to protect his interest, or may rely upon the historical record trail as demonstrable evidence of the lawful use of the property.

The minister's justification for amending the Use Classes Order relies upon the principle of restoring community balance. That is a concept familiar to many residents of Loughborough who have been actively campaigning for 10 years for stricter planning controls to prevent their communities being overwhelmed by the private rented sector in response to the need for relatively short term lettings driven by young people attending Loughborough University. That would imply that there is some threshold at which point the concept of community balance is damaged. It will be for each planning authority to develop a policy framework within which to exercise that judgement and there are a number of models which have been explored in Leeds and other university towns and cities. Charnwood adopted in December 2005 a Supplementary Planning Document to better control student housing provision in Loughborough:

http://www.charnwood.gov.uk/files/documents/student_housing_in_loughborough_spd/studenthousinginloughboroughspd.pdf

The policy defines as a threshold 20% of houses in student occupation, as evidenced by Council Tax exemptions, within any particular neighbourhood as defined by a collection of Census small output areas. The threshold itself was defined in consultation with local residents. It is probable that this approach will be applied as a proxy for identifying the proportion of all HMOs in any particular locality in entertaining a planning application for a change of use to a HMO under the amended Use Classes Order.

A number of property owners will be caught, it seems, by the transition created by the proposed amendment. Should they wish to sell or rent to a family who will live together as a single household then there will be no change of use and no requirement for a HMO licence. However, should they intend to rent the property to a group of students or similar HMO group it would seem probable that they would need to establish that use before the enactment of the amendment to the Use Classes Order or seek a planning permission thereafter. The overall levels of student (HMO) occupation in the vicinity of the "Kingfisher estate" may already exceed 20% in which case it is possible that planning permission might be refused.

I know that the government in considering the implications of an amendment to the legislation was particularly anxious about the prospects for unforeseen circumstances. I suspect that they were well aware of the impact that additional controls might bring in terms of limiting the freedoms of the owners of existing family homes within areas with high levels of HMOs, but concluded that the amendment served the greater good. Over time properties may revert to family homes and the planning system can then intervene to prevent their return to use as HMOs, but there are no powers available to a local planning authority to expedite that process.

I confirm that I have no objection to these comments being forwarded to Carol Wilkinson provided that it is made clear that these views have no status in law or policy at this time as the approach of Charnwood Borough Council and others cannot be confirmed until the amendment to the Use Classes Order has been formally enacted and the related guidance published.

Regards

Dave

David Hankin
Director of Development
Charnwood Borough Council
Southfields, Southfield Road, Loughborough LE11 2TN
Tel: (01509) 634761
dave.hankin@charnwood.gov.uk

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Lobbying on HMOs Starting to Make Progress

Following a debate in the House of Commons yesterday on sustainable local communities Loughborough MP Andy Reed said he was pleased that sustained lobbying over the issue of HMOs in Loughborough looks like it 'paying off'.

Although Andy Reed was sitting on the Finance Bil at the time and was unable to speak in the debate he is now an Officer of the All Party Group set up to deal with 'Studentification' and has led a lobby from the Minister to Loughborough and taken the Loughborough partnership to lobby Phil Woolas and officials. He also lobbied Minister Phil Woolas prior to the debate. He said "In the response to the debate and in subsequent conversations with Ministers it is becoming clear that the Loughborough lobby is having an effect. On a major point of policy Ministers are moving in the right direction for the first time in 20 years! As we saw in the debate the ideas to change Use Class Orders was lobbied for under the previous Tory government and nothing happened. The same advice has been coming from officials for the last 10 years! But thanks to the power of Phil Woolas seeing for himself the impact of HMOs and the governments commitment to sustainable communities I sense a shift of policy. I think the Loughborough partnership approach has also impressed Ministerial colleagues. I will keep pushing at this semi open door"

(7th June 2007)

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Storer & Ashby Area Residents' Group and the Campaign for Sustainable Communities in Loughborough

This week (May '07) I took a delegation to lobby Local Government Minister Phil Woolas MP about student housing in the town. Accompanying me were local residents Stuart Mitchell , Hilda Puttick, Gemma Godfery Student Union President, Alison Barlow from Loughborough University, Dave Hankin from Charnwood BC.

The meeting with the Minister followed the visit of Phil Woolas to the town late last year. The delegation are calling on the government to make a change in the planning law to allow councils more say over the change of use of a house into a multiple occupation dwelling.

I thought the meeting went well. The technical civil servants have always remained the blockage on strengthening the law on this issue but I finally think we are making some political progress. I know Phil is sympathetic and wants to find a way forward. I also think it was crucial that we presented a united front to the Minister - all working together locally. I have also now become Treasurer of the All Party Group set up to deal with this issue at a national level.

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Background

Loughborough University has over 11,000 full time equivalent students at undergraduate and postgraduate level. It has an excellent record in both teaching and research as well as a worldwide reputation in several disciplines, notably engineering, sports science and social sciences.

The success and growth of the university has not only brought growing pains' but also real social concerns - especially within the central areas of the town. Some streets of houses which were essentially built as family dwellings have now been alsmost entirely converted into student let property. Whilst Loughborough as whole welcomes students the results of concentrations of student living presents a challenge to many of the agencies in the town. For example:

• Lack of all year round occupancy leading to opportunist crime.
• Lack of care for the presentation of properties and neighbourhood by some landlords and tenants leading to a degradation on street scenes.
• Noise at night disturbing residents who lead different lifestyles.
• Posting of 'To Let' signs as proxy advertising for the agents on student lets.

Besides these problems associated with concentration of students in certain streets, problems are arising as students travel back from town centre entertainment venues in the small hours. This can be understandable exuberance or worse, but the regularity and volume on both numbers and noise, is driving residents to despair.

For this reason several recent applications for night clubs and late night bars have been opposed by the Council.

A third issue has arisen relating to car parking, especially in streets next to the University Campus. This has been addressed by residents parking schemes and access restrictions.

My approach is to put as much pressure on the University and residents groups to resolve the problems mutually. If the problems cannot be resolved the planning, licensing and other authorities will have to act more decisively.
I support the establishment of the UK Sports Institute on the Campus and I am sure it will contribute greatly to the development of the town. We already, for example, have joint use of a marvellous 50m swimming pool on Epinal Way, as well as shared use of an athletic track through the Charnwood Athletic Association.

I believe the University must act more firmly to control cars and car parking. It must also find sites for accommodation on campus which can be properly controlled and will not dusrupt the lives of residents, many of whom have served the university in a range of capacities sinces its establishment.
I regularly meet with the authorities involved in these issues as well as representatives of the residents.

I have tried where possible to maintain an ongoing relationship between the parties, even when this has become strained. Falling out is not going to resolve what are real and difficult decisions.

March 2002

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The Housing Bill 2004

One of the ways to address some of the problems associated with the growth of Student Lets will through the licensing of Houses in Multiple Occupancy. I have helped lead the campaign for this to be included in the Housing Bill now before Parliament. I also pushed for HMOs with students to be included in the legislation. My questions can be found on the Parliamentary website http://www.parliament.uk.

I have also put a link into the Bill on the Parliament site below.

I will be meeting representatives of residents and housing charities to ensure that the Bill fully answers many of the current concerns as it passes through Parliament.

2004