Statement in Support of Application to Vary Licence Conditions

Request to Permit Conditional Use of the First-Floor Front Room

Introducción

I respectfully apply to the Tribunal for a variation of the existing licence conditions to expressly permit the conditional and flexible use of the first-floor front room, in a manner that is fully compliant with:

  • the Council’s published amenity standards, and

  • the statutory framework governing Houses in Multiple Occupation under the Housing Act 2004.

This application does No seek to increase occupation beyond what is justified by amenity provision. Rather, it seeks clarity, proportionality, and lawful flexibility in the use of rooms that already meet the Council’s own standards.

Background and Purpose of the Request

The property contains three rooms which, by virtue of their size, layout, and amenity characteristics, are each capable of lawful designation either as:

  • communal living space, or

  • sleeping accommodation,

depending on operational and management need.

These rooms are:

  1. the two ground-floor rooms; and

  2. the first-floor front room, which is the largest room in the property.

The Council’s own amenity standards recognise that communal space requirements are assessed by function and adequacy, not by permanently fixed room labels. As such, the ability to interchange room use is inherent to lawful HMO operation.

This application seeks to formalise that reality within the licence, ensuring certainty for both management and enforcement, while remaining fully compliant at all times.

Proposed Licence Modification (Clear, Conditional, and Amenity-Led)

I respectfully request that the licence be varied to reflect the following conditional arrangement, which links permitted occupation directly to the provision of compliant communal space.

(1) Use of the First-Floor Front Room as a Bedroom for a Couple

Where either one of the two ground-floor rooms is designated and retained as the communal living room, the first-floor front room may be used as a double bedroom occupied by a couple, with the total permitted occupation being eight persons.

This arrangement is justified because:

  • the first-floor front room exceeds the Council’s minimum size requirements for double occupancy;

  • a compliant communal room remains available at all times; and

  • the overall amenity provision (including communal space and sanitary facilities) continues to meet the Council’s standards in full.

In this configuration, there is no reduction in amenity, no overcrowding, and no adverse impact on occupiers.

(2) Use of the First-Floor Front Room as a Communal Room

Where the first-floor front room is designated as the communal living space—whether temporarily (for maintenance, management, or safeguarding reasons) or permanently—the total permitted occupation shall be seven persons, and the room shall No be used as sleeping accommodation.

This ensures that:

  • the required communal amenity is always provided;

  • occupation levels are directly and transparently linked to amenity provision; and

  • the licence operates in a manner that is both safe and enforceable.

Compliance With Amenity Standards and Statutory Framework

This proposed variation:

  • fully complies with the Council’s amenity standards relating to bedroom sizes, communal space, and occupancy levels;

  • aligns with the Housing Act 2004, which regulates outcomes (adequate amenity and safety) rather than rigid room designations;

  • reflects accepted and lawful HMO management practice, where room use may change in response to operational necessity; and

  • guarantees that a compliant communal living space is always available.

At no point would the property operate without the required communal facilities.

Reasonableness and Management Necessity

The requested variation provides:

  • necessary operational flexibility for lawful and responsible HMO management;

  • clarity for enforcement and compliance purposes; and

  • a proportionate and rational relationship between amenity provision and permitted occupancy.

Without this flexibility, the licence would unnecessarily restrict lawful use of a room that clearly meets double-occupancy standards, without delivering any corresponding safety or amenity benefit.

Conclusión

The requested licence variation does not weaken the licensing regime. On the contrary, it:

  • strengthens clarity and enforceability;

  • reflects the physical reality and amenity capacity of the property;

  • ensures that occupation levels are always justified by actual amenity provision; and

  • supports lawful, safe, and well-managed operation in accordance with the Housing Act 2004.

I therefore respectfully request that the Tribunal vary the licence accordingly to reflect this conditional, compliant, and amenity-led arrangement.

Summary of the Relief Sought

The Applicant respectfully asks the Tribunal to vary the licence in a lawful, proportionate, and standard manner consistent with normal HMO licensing practice by: removing the requirement to remove or alter the lock to the communal room and deleting any related condition, as such a restriction is not supported by statute; removing all conditions relating to the long-established first-floor bathroom, which is fully compliant, previously licensed, and raises no regulatory issue; amending the permitted occupation to eight persons, on the basis that where one suitable room is retained as a communal living space, the largest first-floor room may lawfully be used as sleeping accommodation for a couple with full amenity compliance; and revising the licence wording so that it reflects the general legislative requirements ordinarily used in HMO licences, rather than highly prescriptive, room-specific restrictions that fix the use of individual rooms according to the preference of a particular officer. In many other HMO licences—both issued by this authority and by other councils—licences are drafted in general terms requiring ongoing compliance with statutory amenity standards, without attempting to micro-manage or permanently restrict the internal use of rooms, provided compliance is maintained. The Applicant therefore seeks a licence that is flexible, enforceable, and legally sound, so as to avoid the risk of future enforcement based on technical or artificial breaches of an unusually restrictive and poorly drafted licence, rather than genuine failures of amenity or safety, and to bring the licence back into line with normal and lawful HMO licensing practice.