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Question Title: De-license a property
| Question: 429 |
| Once a property is licensed as a HMO, is it possible to convert it back to a single dwelling? What would happen to my tenants if I decided to convert an HMO into a single dwelling?
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| Answer: |
Yes in certain circumstances. HMO licensing cannot be used to require a property to remain occupied as an HMO. However certain HMOs, whether or not they are licensable, require change-of-use planning permission to be converted back to a single dwelling. If your property has planning permission and if the local housing authority is in need of low cost accommodation it is possible that they may not allow change of use to convert the building back to a single dwelling. For more information about planning permission you should contact the local housing authority in which your properties are situated.
If a licensed property is let in a way which takes it out of being a licensable HMO the licence will remain in force until its end-date, unless the local housing authority agrees to revoke it. However, proof would have to be given to the local housing authority to show that it was not being used as a HMO once the licence had run out.
You may not unlawfully evict your current tenants in order to return the property to being a single dwelling. If you attempt to do so the local housing authority may apply for a management order to take over management of your property. Provided that your HMO is not one which requires planning permission then, when the existing tenancy comes to an end, you may let it in due course to multiple occupants, a single occupant or a family as you wish.
Licences are not transferable to another person or property. If you wish to sell your property on as an HMO, the new landlord would need to apply for a new licence.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
July 2005 p14 |
letting-update-journal.html
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Letting Handbook |
Chapter 16 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 40 |
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factsheet-40
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For more information, discuss on the Forum
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