Confusion over the classification of HMOs.
Some public authorities confuse an HMO with a business. The council themselves in many instances do not realize that an HMo is a Dwellinghouse.
In fact business can be accessed by authorities without major legal requirements, but dwelling-houses to require formal court orders or requests in order to access them.
The fact that HMOs are classed as dwelling-houses is very important because the legislation and protection of dwelling houses is afforded to HMOs.
Why are HMos of any size classed as dwellinghouses
HMOs are classed as dwellinghouse because despite the fact that they are occupied by different households the are occupied in the sma way as single family dwellilnghouses. Kitchens. livingrooms and bathrooms are shared.
Proof of consolidated interpretation of the Legislation of HMos as Dwellinghouses.
As we can see below, a c4 class use HMO as a consolidated interpretation of the law is in fact considered a dwelling-house and so are larger sui generis HMOs.
To see that HMOs are OFFICIALLY considered dwelling-houses and HMOs do benefit fromt he same PD right as any other dewllinghouse please refer to:
1 .Email from Nottingham council. This confirms how from their point of view a Sui generis 8 bed HMO is still a dwellinghouse and it benefits from all PD rights of any other dwelling-house including C3 class. This is a view shared by most councils in England and Wales. Threfore from a building regulation standpoint there is no change of use from c3 to c4 or sui generis HMo since they are all dwelling houses.
The following is confirmation of the classification of an HMO class C4 as a dwellinghouse
2 The following lawful use – 6 Colwick Road was granted using the 4 year rule for dwellinghouses. Yet another proof that not only c4 small hmo are considered dwellinghouses but also very large sui generis too. This is in line with point 1 above.
3 not only are most councils of the opinion that c4 and sui generis HMOs are dwelling-houses, but this is confirmed by a recent high court ruling.
The relevant point here is that in considering the challenge, the High Court applied the test set out in Gravesham Borough Council v Secretary of State for the Environment (‘the Gravesham test’); the High Court concluding that an HMO is indeed a dwellinghouse.
This now makes the classification of HMOs officially as dwelling-houses, this document is accepted as the official interpretation by all courts in England and Wales. https://www.bailii.org/ew/cases/EWHC/Admin/2022/2051.html London Borough of Brent v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] E
More comments on this court ruling is here
More evidence can be gathered proving that HMOs are classed as dwelling houses but we believe the ones above are sufficient.
The law clearly defines them HMOs of any size still as Dwellinghouses irrespective of the type of occupation. The use c3 , c4 and sui generis HMOs are all as dwellinghhouses.
Council Tax
The council tax of any HMO is the same as a dwelling house, it has no commercial rates as a commercial building would have. For examples hotel is considered an buisiness and it has business rates whereas an HMO is a dwelling-house and it is taxed as a dwelling-house from council tax stand point.
Evictions
As a dwelling house, residents of an HMO are considered tenants, therefore a court order is required a person living in a room as its residence. This in clear contrast with the residents of a Hotel (commercial promises) where an eviction order is not required to evict a guest. This is further consolidation of the fact that HMOs are effectively dwellinghouses, not to be confused with business premises.