Monday, 21 May 2012

Advice about change of use

Posted in: Need to Know | Ask the Experts

19/01/2012 2:54 pm

Edward Blaze

Edward Blaze

Posts: 1

Hello

We are a small charity that is looking to change the use of a property we own.  We run an accommodation service that is leased from an RSL, the residents are on Licence agreements with this RSL. We own another nearby property which is currently designated for a live in staff member.  We are currently going through planning to change it's use to allow us to house more service users.  We could really use some advice about what the implications are for us.  For example: do we have to register as a landlord anywhere? Will we be, in effect, a private landlord and if so could we use licence agreements?

Thanks

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Anonymous

Anonymous

26/01/2012 1:12 pm

I'm no kind of expert but given the lack of comments I guess I'll have to do!. You don't mention who you are housing at the project, are you licensed as an HMO or are you offering a support service? I belive anyone can operate a houseshare scheme...................

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Eddie Blaze

Eddie Blaze

Posts: 1

30/01/2012 10:24 am

Thanks for your response. 

We have now sort advice and it appears that due to the nature of the project we will not be a HMO and can use Licence agreements.

Thanks

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Expert post

Will Nixon

Will Nixon

Posts: 30

21/02/2012 1:46 pm

I don't feel that we can be 100% sure on this as there aren't  sufficient details given here about the organisation, the use of the property, the likely rent which may all have an impact on the advice given.
 
I am not sure what size of property it is and the number of rooms or type that are available to be let.  It may be that they will have to register with their Local Authority as a Home in Multiple Occupation.  If that is the case, then they could use licence agreements.
 
If the property is classed as an HMO there are numerous regulations that go along with that.
 
However, if the property is to be more like self contained flats then they should be granting Assured Shorthold Tenancies for either a fixed period or from month to month (periodic tenancy).
 
Also, is this arrangement compatible with their charitable and company status?
 
There is a helpful booklet produced by the CLG called 'Assured and Assured Shorthold Tenancies: A guide for landlords', but I think it would be in the organisations best interests if they received full legal advice about what they are proposing.

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