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Landlord Company Fined For State Of Rental Property

A landlord company based in Ripley has been fined £6,000 and ordered to pay costs as a result of the poor state of a rental property in Kirkby that is owned by the company.

In a visit to the Kirkby rental property, deemed an HMO (house of multiple occupation) by Mansfield District Council officers on April 1st, they found ‘inadequate’ fire doors that were blocked, an ‘unfinished’ wall in a ground floor bedroom, an electricity meter in a bedroom, and damaged windows that wouldn’t close properly.

In a hearing at Mansfield Magistrates Court on October 23rd, John Cotton admitted the three breaches of regulations, on behalf of his landlord company, JP Cotton, which is registered to Devonshire Avenue, Ripley.

Helen Lees, speaking on behalf of the landlord company, said it was ‘a difficult situation with difficult tenants and it was very difficult to turn a profit’.

Confirming that it was not a large corporate landlord company, she said: ‘This is a company which accepts its standards have slipped. It has operated with one property for a long time. Mr Cotton, or the landlord company, would like to sell it.’

The court also heard that the property is now being rented to a single family and is no longer a house of multiple occupation (HMO), and therefore no longer subject to the same strict regulations.

However, district judge at Mansfield Magistrates Court, Jonathan Taaffe said: ‘This landlord company has a responsibility under its statutory obligations.

‘It’s clear, notwithstanding the difficulties of the types of tenants who were in this property, these obligations weren’t met.’

The landlord company, JP Cotton Ltd, was fined £6,000 for the three breaches of regulations, and t was also ordered to pay £2,235 in costs and a £171 government surcharge, which must be paid by April 2020.

Source: Residential Landlord

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Plans to increase capacity of HMO refused amid parking and litter concerns

Plans to increase the capacity of a house in multiple occupation (HMO) on the outskirts of Wrexham town centre have been rejected because of concerns over parking and litter.

An application was entered in May to increase the amount of residents able to live at a property on Beechley Road in Hightown from six to eight.

It came as owner Andrew Shield said he wanted to allow couples to live in two of the rooms to meet the demand for accommodation in the area.

The scheme was given the backing of Wrexham Council’s chief planning officer ahead of a meeting on Monday to decide the plans.

However, members of the local authority’s planning committee refused permission after being told about the lack of parking and issues with overspilling bins on the street, which is already home to several HMOs.

Speaking at Wrexham’s Guildhall, local councillor Graham Rogers said: “The proposed development would result in an over-concentration to the detriment of the social fabric of the area.

“Beechley Road currently has six HMOs within a 50-metre radius, and I consider the likelihood that the proposed suggestion to increase from six to eight occupants will result in an increase in parking demands.

“For those reasons I am requesting that the approval be refused for the proposed development, which does not make adequate provision for the parking of vehicles.

“The current HMO on Beechley Road carries an increase in the amount of refuse with bins being overused, resulting in litter over spilling onto the footpaths and carriageway. On most weekends I’m having to clear litter with the aid of the community payback team.”

Members of the Beechley Road Residents’ Association also wrote to planning committee members to highlight issues with noise from the HMO properties.

It came after they previously campaigned against a separate bedsit application on the same street.

The latest scheme was recommended for approval by the council’s chief planning officer, who said it was unlikely to lead to an increased demand for parking spaces.

In his report Lawrence Isted said: “I have considered the concerns of the residents in regard to parking and noise nuisance.

“With regard to parking, I appreciate that there are a significant number of vehicles that park on the carriageway with no provision for parking on site.

“Highways have no objections to the proposed development on the grounds that the proposed development is unlikely to result in parking demand compared with its current residential use.

“Noise nuisance can be addressed by public protection.”

Despite his recommendation, councillors chose to refuse permission because of the impact on parking with 15 votes against the plans and two abstentions.

By Liam Randall

Source: Wrexham

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Council to launch public consultation on HMO licensing scheme in Worcester

COUNCILLORS will “consider options” on proposals to amend an HMO licensing scheme for Worcester City.

At a communities committee meeting on October 30, city councillors in Worcester discussed a proposal to approve a 12-week public consultation to extend the HMO scheme in the city.

There are currently HMOs in every ward in Worcester with the exception of St Peter’s, and the licensing scheme would aim to crack down on rogue landlords and improve standards.

Councillors discussed applying the scheme to the parts of Worcester where it was more necessary and where there were more HMOs, but Cllr Richard Udall said the scheme needed to be enforced across the whole city, saying: “I am a bit shocked and surprised at what is being said here. More regulation means more protection. Lowering standards is an invitation to rogue landlords to come into areas where there is no protection.”

The Worcester City Additional Licensing Scheme runs for five years, at the end of which the Council is required to review the scheme with a view to re-designation or discontinuation.

Property standards in HMOs can often be lower than other rented properties due to poor conversions of older properties, more than one household living independently of each other, regular turn over of occupiers and in some cases poor management by the landlord.

The aim of licensing is to ensure these properties meet the legal standards and are properly managed to provide greater protection to the health, safety and welfare of the people living there.

According to the city council’s report: “The implications of moving to an Additional Licensing scheme which is targeted at specific wards would be that City-wide improvements to private housing would not be sustained but that instead a targeted approach could be taken to problem areas.”

The committee agreed to send out the consultation and amended the reports recommendations so that they will make the final decision on whether to declare the scheme, rather than the corporate director for homes and communities along with the chair and vice char of the committee.

In March 2015, Worcester City Council’s cabinet approved an Additional HMO Licensing scheme for the whole City, which came into effect later that year. Accreditation of HMOs had previously been in place but because it was a voluntary scheme, it was not taken up by the majority of landlords.

By Tom Banner

Source: Hereford Times

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Objections To Turn Former Scarborough Care Home Into HMO

A proposal to turn a former care home in Scarborough into a House of Multiple Occupancy (HMO) has provoked reaction from local residents.

More than 70 people have objected to plans from Artz Ltd to convert Harewood House at 47 West Street into a property to house up to 30 people.

The objectors are concerned about the number of HMOs in the area and also about the increase in parking and traffic it could bring.

Fantasia Leisure Ltd, which would manage the HMO if it were to be granted permission, says in its supporting information that overseas workers would be housed in the building.

It adds:

“Fantasia currently is inundated with inquiries for working people from overseas looking for accommodation in Scarborough.”

The company added that it had recently been asked if it could find accommodation for 200 workers in the area.

A number of the objectors, in their letters to the council, bring up the case of the Breece, a former hotel in West Street that later became an HMO.

In 2014 a court ordered the closure of the Breece following more than 50 anti-social behavior complaints and allegations of stabbings and rape at the premises.

One objector wrote:

“The Breece was a sizeable HMO and subsequent amendments were made to the relevant section of the Local Plan to provide powers to restrict the size of HMOs and control their location to avoid ‘clustering’.

It was deemed appropriate that the maximum number [of occupants] should be 10. The proposed number of occupants for Harewood House greatly exceeds this number.

Furthermore, such a development would greatly increase the number of HMO buildings and occupants in this area. The proposed site is close to three existing HMOs, the largest of which has made an application to significantly increase its numbers.”

Scarborough Civic Society has also objected to the plans, saying that, if granted, the number of tenants in HMOs in the area would double. It adds that it would also detract from the character of the Conservation Area.

The Harewood House care home closed in 2017 and despite two auctions being held no buyer has yet been found to take over the property.

By Carl Gavaghan

Source: Yorkshire Coast Radio

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Appeal launched over refusal of plans to increase rooms at Wrexham HMO

An appeal has been launched after a bid to increase the number of bedrooms at a house in multiple occupation (HMO) near Wrexham town centre was turned down.

Landlord Arran Pritchard applied to Wrexham Council in January to up the amount of bedrooms at a property on Poplar Road from six to seven.

However, the local authority issued a decision to reject the proposals after planning officers said there were not enough parking spaces outside.

Mr Pritchard has now submitted an appeal to the Planning Inspectorate in an attempt to have the outcome overturned.

In documents entered to support his case, he claimed most people living in HMOs don’t own a car, meaning the small increase would not cause a problem.

Highlighting a survey of the number of vehicles owned by tenants across the 23 properties he lets in the town, he said: “Here attached are two “vehicles per room” assessments, conducted in September 2015 and May 2016.

“They show that for 146 rooms/ occupants, there are just 17 to 25 occupants with vehicles, or one vehicle for every five rooms.

“This is largely due to all the rooms being in the town centre and tenants generally not being able to afford a vehicle.

“The planning application is to increase the number of rooms by the minimum possible, from six rooms to seven rooms. A comparable planning application, refusal, and successful appeal is the planning case for 33 Park Street, Wrexham.”

Mr Pritchard previously attempted to increase the total number of bedrooms at the property to eight but permission was denied on similar grounds.

Despite appealing the decision on the original application, a planning inspector appointed by the Welsh Government agreed with the council’s views.

In her decision notice, Siân Worden said she felt the proposals would impact on the safety of drivers at a busy junction.

She said: “The appeal property is in a busy area where there are widespread parking restrictions and many of the dwellings do not have off-street parking. There thus appears to be a high demand for on-street spaces.

“The proposed development would result in a small increase in the number of vehicles requiring parking spaces in the vicinity.

“Even so, it would increase the hazard on the local road network, and reduce its efficient use, by resulting in more drivers searching for a parking space.”

Mr Pritchard’s latest appeal will considered at a future date.

By Liam Randall

Source: Wrexham

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Plans to increase number of residents living in HMO set for approval despite concerns of overcrowding

Plans to increase the maximum number of people that can live in a HMO on the outskirts of town have been recommended for approval, despite a series of concerns about overcrowding.

At present the house in multiple occupation at 86 Erddig Road is currently occupied by eight residents housed in eight single bedrooms

But due to the “demands for such accommodation” in the area, the applicant is seeking permission to allow the property to be let as seven double bedrooms for a maximum of 14 residents.

Next week members of the council’s planning committee will be asked to approve the plans.

However the application has been met with objection by councillor Alun Jenkins, a number of residents and the community council, who have argued that there is a lack of parking and insufficient space for tenants.

Cllr Jenkins, who has has called for the application to be refused, adds: “It cannot be acceptable either in planning or in licensing terms that what was an original four bedroomed terraced house to house fourteen people.

“The facilities within the property are barely sufficient for the present eight residents, with a single kitchen/dining room on the ground floor for all the residents, a single WC and separate shower room on the ground floor, and a single small shower/wc on the first floor.

“It would appear that there are no proposals to improve the wc/shower facilities on either the ground or first floors to cater for the six additional residents.”

He continues onto say: “This is surely not the type of residential property that we would want to be encouraging in Wrexham.

“This part of Erddig Road is at the heart of the Conservation Area, and the creation of such sub-standard housing would be completely unacceptable and out of keeping with the area.”

But the council’s Chief Officer of Planning and Regulatory, Lawrence Isted states that because the property is already occupied as a HMO it is “unnecessary to consider whether the proposals result in an over concentration of this type of accommodation.”

Addressing concerns about lack of parking, Mr Isted notes that “whilst it is accepted the property has no off-street parking spaces it is not unusual in the area”.

He continues onto say that: “Very few households living in rental accommodation in Wrexham have more than 2 vehicles, with a significant proportion of households in rental accommodation not having access to a vehicle or only have one vehicle per household.”

Mr Isted adds: “The proposal seeks to reduce the number of bedrooms from eight to seven and on the basis of the new standard the parking requirement is identical.

“The proposal will result in an up-grading of the property and will provide an opportunity to
enhance the character and appearance of the Conservation Area and preserve the areas character.

“The sustainable location reduces the requirement for occupiers to be reliant upon a car, with the property in close proximity to the main roads, bus routes, employment, access to shops and
health and community facilities.

“The property will provide general waste and garden waste bins. Open space will be provided in the 50m2 rear garden and 60m2 front garden. There is proposed cycle parking for 2 bicycles and a drying line will also be provided.”

The application will be considered for approval by planning committee members at 4pm on Monday 2nd September. The meeting will also be webcast on the Wrexham Council website.

Source: Wrexham

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Plans to turn offices in Deeside into HMO turned down

Plans to turn offices in Deeside into a house in multiple occupation (HM0) have been thrown out.

Proposals were previously put forward to convert a former accountants office on Station Road in Queensferry to provide eight bedrooms.

The developers claimed there would be no major changes to the building if the scheme was to go ahead.

In a statement written on their behalf, planning agents said although there was no allocated parking included, it would not cause an issue.

However, officers from Flintshire Council have refused permission because of the flood risk at the site.

In the documents put forward to the local authority, representatives from Wrexham-based company Develemental said: “This application is for the change of use of a pair of end terrace commercial combined units.

“Currently the property is a vacant former accountancy office created from the joining of what was originally a pair of end-terraced residential properties.

“There will be no material change to the appearance of the property, except that it will be tidied up and will look better cared for and presented than it currently does.

“The only impact of the changes to the street scene is the removal of the shop front which will be largely blocked up, rendered to match with two privacy and secure window units to the two ground floor front bedrooms.

“Although no dedicated parking is provided as part of this proposal, the nature of the residents of a professionally run HMO has been proven to make this a non-issue.

“For any residents who do maintain a vehicle, immediately adjacent is a public car park which has very low daily and overnight charges.”

The scheme was refused by the council’s planning department using delegated powers.

By Liam Randall – Local Democracy Reporter

Source: Deeside

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Family home turned into multi-occupation house despite concerns

Retrospective plans to turn a family home into a seven-bed house in multiple occupation in Coventry have been approved, despite a councillor’s claims it is a deliberate attempt to circumvent the planning process.

A bid for a nine-bed HMO was previously refused by officers on the grounds it was intensified use but a second application was passed by a committee on Thursday (June 13) after the size reduced by two rooms.

Councillor Tim Sawdon had criticised how the applicant sought retrospective approval for 30 Old Mill Avenue, and blasted the proposals as gross over-development of the site.

But planning officer Shamim Chowdhury said: “The use is clearly different to a family house and increases the potential of noise, however in this case it is a large property and does not share and walls with other houses.

“Retrospective applications are acceptable and we cannot control that.

“In terms of assessment we do the same as a normal application.”

One of the conditions was for the house to be occupied by no more than seven residents, with planning policy manager Mark Andrews adding the authority will be monitoring the licence.

Concerns were also raised about whether the parking was adequate, with officers stating up to six cars would be catered for, but only with four at a time would they be able to manoeuvre on the drive independently.

Cllr Naeem Akhtar said: “Our local plan requires all HMOs to provide adequate parking, this is not adequate parking.”

Council officers said the local plan indicates the application requires ‘up to six spaces’ and was therefore acceptable.

By Tom Davis

Source: Coventry Telegraph

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Plans to turn Rhosddu property into HMO for up to eight people given go ahead on appeal

Plans to convert a terrace property in Rhosddu into a HMO have been allowed on appeal – despite being rejected unanimously by planning committee members.

The application for 33 Park Street proposed that the four bedroom property was turned into five-bedroom house in multiple occupation (HMO) for eight residents.

The plans had been recommended for approval by the head of environment and planning Lawrence Isted, who said he was satisfied that the development “would not result in an over concentration of HMOs in the immediate locality.”

But the plans were were turned down by councillors in January 2019 amid concerns over a lack of parking and amenity space for residents.

Objections had also been raised by several neighbours who fear that tenants would be ‘crammed in’ and may include substance abusers. The council’s highways department said it was also against the scheme because it did not include enough parking spaces.

However planning inspector Clive Nield has now overturned the council’s decision and approved the application on appeal.

In his report Mr Nield says that although there is a lack of parking along Park Street, the proposed HMO “would be in a suitable location for tenants who rely on walking, cycling and public transport”

Addressing concerns about a lack of amenity space, Mr Nield continues onto say: “The council’s Local Planning Guidance Note 5 (Houses in Multiple Occupation) says that HMOs should have a large enough private outdoor area to provide space for external drying areas, cycle parking and bin storage and to provide for the amenity of the future occupiers.

“It goes on to say that for an HMO accommodating 8 tenants it will normally seek a minimum private outdoor area of 32 m2.

“In this case, the space in the back yard of the appeal property is reported to be 27 m2. There is also a small area at the front of the property. However, that is not private space, as required.

“The limited amount of private amenity space available also falls well short of the level normally considered acceptable for a family dwelling and is a feature of this densely developed urban area.

“However, there are public open spaces only a few hundred metres away, and the yard is adequate for clothes drying and the storage of bicycles and bins.

“Whilst it does not fully meet the standard sought by the Council’s Guidance Note 5, I consider this shortcoming to be insufficient reason on its own to justify refusing the proposal.

“I conclude that the private outdoor amenity space provided would be adequate, despite its limited area.”

He also notes that whilst there have been concerns from residents about potential occupiers of the HMO and antisocial behaviour, the “licensing requirements for HMOs also provide an element of control, including a condition that the landlord is held accountable for antisocial behaviour.”

It is the second HMO in the Rhosddu to have been allowed on appeal in the past 12 months.

Grosvenor councillor Marc Jones, said: “This goes against the local planning committee‘s decision and ignores the concerns raised by myself and local residents.

“The inspector claims parking for 8 people would not be any worse than for a family. He also states that being close to public transport makes it less likely that people will need a car. What public transport?!

“He admits that the amenity space is below guidance levels for eight people but says it’s no big deal and it’s limited for a family anyway. There’s a big difference between eight individual people living under one roof and a family in terms of needing outdoor space.

“This is a poor decision by the Planning Inspectorate and confirms my view that local communities do not have enough say in planning matters.”

Source: Wrexham

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Plans submitted to turn terraced house in Connah’s Quay into ‘house in multiple occupation’

Plans have been put forward to turn a terraced home on Deeside into a house in multiple occupation (HMO).

It would see the property on Church Street, Connah’s Quay, converted to include four bedrooms to house a maximum of five people.

According to planning documents, the house has been vacant for a number of years.

Carlatton Property Ltd, which is behind the application, said the proposed living accommodation is up to the standards required for HMOs in Flintshire.

In a covering letter written on the company’s behalf, planning agent Jennifer Sanders said: “The application site comprises a three-bed, mid-terrace dwelling with rear garden and an attached outbuilding.

“While the overall layout of the property is not proposed to alter, some minor internal alterations are proposed at ground floor level.

“The resultant building will comprise a four bedroom (five person) HMO, with separate kitchen, utility and living room, as well as an upstairs bathroom and additional downstairs toilet.

“The existing dwelling has been vacant for some time and require substantial refurbishment.

“The proposed development seeks to bring the property back into appropriate use.

“Furthermore, with no external alterations and very few (if any) other HMO units located in the immediate vicinity, the proposal will not change or harm the character of the surrounding area.”

Comments are currently being invited on the application via the Flintshire Council website.

Any feedback must be received by March 5 and the local authority is aiming to make a decision on the proposals before the end of March.

Source: Deeside