Houses in Multiple Occupation: Combined Planning Applications

Gareth Snell Excerpts

Wednesday 21st March 2018 Westminster Hall

[Stephen Pound]

May I implore the hon. Gentleman to hold his patience for a moment? If he does, he will hear exactly what I propose. I propose entirely new legislation—an amendment to article 4 directions. I know that the Minister will seize it and rush from this building with it clutched in her hand to change the law immediately, because she is on the side of the angels on this issue.

One of my constituents found that the house next door—the semi-detached property—had been bought by a series of linked companies, and they proceeded to convert it into an HMO. I have to say that the place burnt down during the works, which is unfortunate but it has happened. There was no party wall agreement, which is extremely unfortunate. More sinisterly, when my constituent went to see the planning officer, she discovered, as did I, that every single HMO application in that tight little suburban backwater is considered individually. There is no consideration under planning law of the cumulative impact—what I would call the saturation—in these cases.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

My hon. Friend could be describing a situation far from Ealing, on Birches Head Road in Stoke-on-Trent. The frustrating thing with all this is that they are considered as individual applications. Does he agree that when companies make it known at the outset that they intend to buy up one, two, three, four or even five properties in small residential areas, that ought to be taken into consideration?

[Stephen Pound]

I have never knowingly disagreed with my hon. Friend ever since I took part in his by-election campaign, which was a success—that probably had nothing to do with my involvement. I absolutely agree with him. Let us get one thing straight: the Mayor of London and most strategic planning authorities recognise that there is a place and a role for HMOs, and London councils are quite keen on the idea. There is a recognition that HMOs can provide low-cost housing for people, particularly as starter homes. I have no problem with that. The issue is the fact that there is no lateral linkage. At the very least, the law should require companies that are linked—circuitously or laterally—to declare that they are the same company, and we should consider the cumulative impact of applications.

Mr Hanson, if you were building a block that would accommodate 40 or 50 people, you would have to go through an entirely different planning regime. There would have to be section 106 provision, a community infrastructure levy, an impact assessment and consideration of sewerage, light, water, education, health—all the surrounding issues—and rightly so, because they would have an impact on the local community. You would have to look at the local school provision and health provision. But with multiple HMOs that is not the case. They can spring up like toadstools after a spring rain. They can come up all over Perivale and there is no consideration of what will happen to Selborne Primary School, Perivale Primary School or St John Fisher Primary School. There is no consideration of what will happen to the Hillview surgery, the medical centre. That cannot be right—

--- Later in debate ---

[Mrs Wheeler]

At 23.45.

Subject to being properly planned, constructed and managed, the provision of additional HMOs can make a small but important contribution to housing supply in some areas. That is particularly true for those entering the market for the first time.

One final point of introduction: hon. Members will appreciate that because of the Secretary of State’s role in the planning process, I cannot comment on specific cases raised today. I apologise to the hon. Gentleman that my comments will therefore cover the issues in general. I hope, none the less, to reassure hon. Members that the Government take proper control of HMOs seriously.

HMOs play an important role in the private rented sector. They provide a cheaper alternative to other private rented accommodation and flexibility. However, they sometimes pose greater management challenges than single household accommodation. That is why mandatory licensing of HMOs was introduced in 2004 for properties with three or more storeys that are occupied by five or more people. Since its introduction over a decade ago, it has been successful in raising standards and enabling local authorities to tackle overcrowded conditions and poor management practices. However, significant growth in the private rented sector means that some smaller properties are being converted for use as HMOs. Those HMOs do not legally require a licence at the minute, and there are sometimes problems with standards. To address that, we are extending mandatory licensing, which we expect to come into force in October 2018.

I am sure you will be pleased to hear, Mr Hanson, that the extended scope of mandatory HMO licensing will cover properties where five or more unrelated tenants share facilities, regardless of the number of floors in the building. We are also creating two new mandatory HMO licence conditions: national minimum sizes for rooms used as sleeping accommodation, and a requirement to comply with council refuse schemes.

[Gareth Snell]

As the Minister is outlining things that the Government are looking to do, would they be willing to consider a saturation limit? As my hon. Friend the Member for Ealing North (Stephen Pound) said, the issue is not necessarily the numbers, but the concentration in certain areas. If the Government were able to entertain that, I am sure she would find cross-party support.

[Mrs Wheeler]

There is not, in fact, a limit on the number of HMO licences a local housing authority can issue, so it can deal with it that way.

Good management of HMOs is important. Before a local housing authority can issue a licence, it must be satisfied that the proposed licence holder or landlord is a fit and proper person. It has to ensure that the landlord has no unspent convictions, has not carried out unlawful discrimination and is not in contravention of housing or landlord and tenant law.

Local authorities have the powers that they need to impose conditions on how landlords manage these properties, and to ensure that they do not cause overcrowding. Conditions can also be included to ensure that landlords maintain the upkeep of properties. The conditions can also make them responsible for such things as antisocial behaviour committed by their tenants. A breach of a licence condition is a criminal offence and a licence holder can receive a substantial fine if convicted. Repeated or substantial breaches of a condition can also result in the licence being revoked. That is a significant penalty.

Licensing HMO properties strengthens a local authority’s enforcement capacity. They have strong powers in the Housing Act 2004 to tackle poor property conditions and overcrowding in HMOs. They can serve improvement notices requiring landlords to carry out works to remedy poor conditions or make prohibition orders to prevent overcrowding. In the most serious cases, where the health and safety of tenants and their families is at significant risk, local authorities are under a duty to take action to combat the problem.

Landlords who fail to comply with an improvement notice or prohibition order are committing a criminal offence. Indeed, failure to apply for a licence is also a criminal offence. We have gone further in tackling rogue landlords by introducing new powers in the Housing and Planning Act 2016 that mean that non-compliant landlords can face a civil penalty of up to £30,000. Furthermore, we have enabled local authorities to keep the income from such fines to support their enforcement capacity.

Ealing, specifically, has been proactive in licensing smaller HMOs by introducing an additional licensing scheme in 2017 to cover HMOs occupied by four people or more. Ealing has gone further in using licensing to raise standards in the sector. It has also introduced selective licensing, which allows it to license all private rented properties in specific parts east of the borough. That is with a view to driving improvements in the quality and management of such properties. Ealing has also previously been successful in securing additional financial support under our rogue landlord funding. Through that, it has carried out more than 1,500 inspections and 30 raids in partnership with the UK Border Agency.

However, I recognise that HMO accommodation can sometimes lead to problems for local residents who live in the vicinity. Many of the problems arise from the intensification of the use of the property. If there is a concentration of HMOs, the cumulative impact can affect neighbours’ amenities. The planning system also has a role to play in controlling such development. Permitted development rights allow a family house to be changed to a small house in multiple occupation for up to six people sharing facilities without a planning application. Where neighbours have concerns, they can alert the planning authority. It is then for the planning authority to determine whether the works are lawful, and if not what, if any, action to take.

I will get to article 4, but I am concerned about the time because the hon. Gentleman probably wants to respond.