Issue - meetings

ES20252

It was noted that the introduction of an Article 4 direction had slowed down HMO expansion. The Environmental Protection & Housing Regulation Manager provided an explanation of the definition of an HMO. It was a property that was occupied by three or more people in two or more households, which shared amenities. In 2018 there was a change in the law which removed the requirement for the definition to include properties that had three or more storeys. This led to an increase in the number of HMO licences being issued. Before September 2022 many HMOs could be developed under permitted development and did not require planning permission. The introduction of an Article 4 Direction since September 2022 made planning permission  a requirement for all HMOs.

It was noted that there was not a maximum size for HMOs. Bromley currently had 20 people living in a single HMO. The differences between a HMO and a hotel were discussed. This was primarily around tenancy agreements.

Landlords could run HMOs while waiting for a licence as long as they had applied for the licence as it was incumbent on the local authority to provide a licence as soon as possible. There were 358 HMOs operating within the borough and there were 150 licence applications outstanding at the time of the meeting. This was because of the current high demand for HMO licences. Legally, the timescale for the processing of a HMO licence took a minimum of 42 days. The difference between mandatory and additional licences was discussed. It was noted that an application for an additional licence would need formal adoption. However, this would sometimes need the approval of the Secretary of State and had to be for specific reasons. The Assistant Director for Public Protection and Enforcement explained that the Council was assessing whether a borough wide scheme should be adopted for additional licences from 2029 onwards.

The Chairman said that ward members sometimes received complaints regarding HMOs and so it would be helpful if an aide memoir could be disseminated to show whom they should report concerns to. It was pointed out that such an aide memoire had previously been drafted and would be circulated to Members.

It was noted that the local authority had a statutory duty to produce a public register of all HMOs. It was confirmed that such a document existed and was available on request. Developments were currently taking place which would mean that the HMO register would be available on the Council website in the near future. Details of HMOs could also be accessed via the Licencing Portal on the Council website.

RESOLVED that the report be noted and that the Head of the Planning and Development Support Team disseminate an aide memoir to Members which outlined how complaints relating to HMOs should be processed.