Treeborn
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15 Posts
Hi,
I have been kept waiting over 4 months to receive an opinion from the Councils Private Housing Officer, to then allow me to make a Variation application.
I am thinking of simply making the application, rather than be kept hanging by the council.
Do councils have a duty to accept an application for a Licence Variation, I read in the Legislation a 14 day period within which they must write back to the Landlord once 'the decision is made:
www.legislation.gov.uk/ukpga/2004/34/schedule/5/part/2
Schedule 2 (16) (3):
The documents required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.
But how long should councils take, once having received the Variation Form, to make the decision, and then start the 14 day clock, could they sit on it for ever.
And if they decline to Vary due to various reasons, could you straightaway resubmit another application that sought to satisfy the reasons to decline.
Like HMO application policies - is it the Council that decide how it handles such applications (variations) - and should they provide a copy of that Policy if you request to see it.
Some more details:
My mortgage is very soon to double, so am looking at ways to increase my income and let out this room.
I can move a wall and increase this rooms size - to around 7.5 sq mts, however the councils minimum room size is 10sq mts..
Council policy states they will take a view on rooms under 10 sq mt, if the Landlord provides extra amenity/living space for the tenants to use.
I am proposing to build an extension (under PD) to provide a dining area for tenants to satisfy the above.
Here is the time line so far:
Bank in September I enquired with my HMO Council Dept, about letting out a small room, deemed too small by the inspecting HMO Officer - to let out, when the licence was first granted back in 2017. It has sat empty since.
A temporary HMO officer had just been brought in to help the council with its work load, and he immediately booked an appointment and came round, he thought the room a decent size, and I discussed enlarging it, and suggested I would provide a dining area.
He suggested submitting plans for his superior to look at and they would come back to me.
Over 2 months later, despite numerous calls and emails, and apologies from the officer for repeately forgetting about me, I receive a reply from him with copied text from his superior - however it didn't say yes or no to my proposal, just advised I needed to be aware of Building Control and Planning regulations for any works I wished to carry out, it gave some additional comment - but never actually said they would accept the plans for the 7.5mt room as proposed o the plans.
I immediately resubmitted amended plans (back at the beginning of December) to address one or two of the small issues raised, but again - I get apologies from the officer stating he's forget to forward documents blah blah blah ....
I am incredibly frustrated, but know I cannot push, as they may just decide to reject my plan altogther.
If I make a formal Variation Application are they duty bound to process it within a certain time frame.
I did call NRLAs help line the other day and it was suggested I get a Solicitor involved, but that seems a drastic step.
