Council finds 'no evidence' to tighten HMO rules

Laws on houses in multiple occupation (HMOs) in part of Nottinghamshire will not be tightened after a council investigation concluded there was "no robust evidence" to do so.

Rushcliffe Borough Council explored whether legislation to make it harder for landlords to turn properties into HMOs was necessary.

This followed concerns that were raised about how many there were in the borough, reports the Local Democracy Reporting Service (LDRS).

A recent council cabinet meeting revealed it had been decided there was not enough reason to change the rules.

The investigation came after a HMO on a cul-de-sac in the district was discovered to be housing asylum seekers by Serco, the LDRS said.

Some residents only found out when an application to increase its size from six bedrooms to eight bedrooms was submitted to the council.

Roger Upton, cabinet member for housing, told the meeting on 10 February: "I understand the emotion and the call from certain individuals, but at the present time there is insufficient evidence to meet the legal threshold to justify such a [move] in Rushcliffe."

Turning a singular property, like a family home, into an HMO for any fewer than five people does not require planning permission or a licence under permitted development law in Rushcliffe.

They can be converted quietly by developers, and are not listed anywhere publicly, unlike those with five or more people living there, which are visible on a licence register, or seven or more, which need planning permission, the LDRS said.

The council agreed at a meeting to investigate and collect evidence to look at whether there was a case to introduce an Article 4 direction - legislation which revokes the permitted development law.

This would mean that developers who want to turn a property into an HMO of any size would have to apply to the council.

Upton added: "The planning applications would be treated the same as all planning applications.

"And unless there were compelling adverse material considerations as set out in planning legislation, then it is likely, I would suggest, that many of these applications would in fact be approved."

There are 186 licensed HMOs with more than five residents in Rushcliffe, with all but two of them in West Bridgford.

In addition, it is estimated that according to official statistics, there are a further 175 HMOs in the borough housing four or fewer people.

Out of all of the HMOs, the council only received official complaints about two of the properties from just four residents.

One resident did send 271 complaints about the same property, to which the council said informal action was taken.

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