Summary: There is no fault in the way the Council reached its decision that a property in Mrs X’s area and did not require planning permission to be used as an HMO.

The complaint

1. Mrs X complains the Council failed to take action to ensure a house in her area has planning permission to be used as a house in multiple occupation (HMO). Mrs X says she has been put to a lot of time and effort pursuing her complaints.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have spoken to Mrs X about her complaint and considered the information she has provided to the Ombudsman.
5. I have also considered information the Council has provided regarding the property Mrs X has concerns about. I am unable to share this information with Mrs X as it is third party information and I do not have permission from the third party to share this with her.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Houses in multiple occupation (HMOs)

7. An HMO is a property rented out by at least three people who are not from one household but share facilities like the bathroom and kitchen. Private landlords must obtain a license to rent out a large HMO (which has more than three storeys and is occupied by five or more persons forming two or more households). Some local authorities may also use their discretionary power under the act to designate certain areas to be subject to additional licensing, which would require smaller HMOs in the designated area to be licensed.
8. Generally a residential property can be converted to an HMO without planning permission under permitted development rules. This means the use of the property as an HMO can go ahead without the need for a planning application.
9. However, some councils have removed permitted development rights relating to HMOs in their local area. This means planning permission is normally required for a residential property to be converted to an HMO. If a property was being used as an HMO before permitted development rights were removed in the local area planning permission would not be required.

Planning enforcement

10. Councils can take enforcement action if they find planning rules have been breached. However councils should not take enforcement action just because there has been a breach of planning control. Government guidance says:

“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2018, paragraph 58)

What happened

11. A house in the area where Mrs X lives has been granted a license to be used as an HMO. Mrs X says the property does not have planning permission for use as an HMO and complained to the Council. Mrs X says the property has always been occupied by families and has never been shared by more than one household.
12. Mrs X says Council Tax records only show one person as being liable for Council Tax at the property. She says this is evidence that there have not been multiple households living at the property.
13. The Council has removed permitted development rights for HMOs from its area.
14. The Council has investigated Mrs X’s complaint and is satisfied the house has been used as an HMO since before permitted development rights were removed. The Council says the property does not need planning permission for use as an HMO.

My findings

15. Planning enforcement files are not a matter for public record and I do not have permission from the owner or occupants of the property to share information with Mrs X. Therefore I am limited in what I can share in terms of information the Council has taken into account.
16. Council Tax records are a relevant consideration for the Council when considering whether a property has been used as an HMO. However, this forms only one part of evidence the Council has considered.
17. I have considered the evidence the Council has obtained as part of its planning enforcement investigations and there is no fault in the way it has reached its decision that the property was being used as an HMO since before permitted development rights were removed.
18. I can understand why Mrs X believed the property was only occupied by families during this time but this does not necessarily represent the full nature of the way the property was being used. As I have explained I am unable to share information about this as it relates to third parties and I do not have their permission to share this.

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Final decision

19. I have completed my investigation as I have found no faut with the actions of the Council.

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Investigator's decision on behalf of the Ombudsman