Homeowners across parts of England are encountering challenges linked to properties being converted into Houses in Multiple Occupation (HMOs), raising questions about legality, council enforcement, and residents’ rights.
In Gravesham, a resident identified only as Anne reported that significant work on a neighbouring property, including a large rear extension and removal of a boundary fence, was carried out without her prior knowledge. It was only upon inquiry with construction workers that she learned the property was being converted into an HMO. Concerned about the scale of the extension and potential regulatory breaches, Anne contacted Gravesham Borough Council, which initially took no reported action. A subsequent council site visit in August confirmed that both planning permission and an HMO licence were required for the works underway. However, as of now, no formal applications for planning permission or HMO licensing have been submitted for the address in question. The council stated its enforcement officers continue to monitor the site and have informed the property owner of the need to submit applications before letting can occur.
Questions have arisen about what recourse homeowners have when an HMO is being established nearby, particularly when construction has already progressed or when licensing remains pending. Consumer lawyer Dean Dunham KC explains that the window for objection shrinks significantly if a property has already been converted and occupied as an HMO. Until recently, properties could be converted to small HMOs of up to six tenants using permitted development rights without requiring planning permission. Sutton Borough tightened these rules with a borough-wide Article 4 direction effective February 22, 2025, but this does not apply retroactively.
Despite permitted development allowances, regulatory oversight remains. Dunham notes that any HMO housing five or more occupants from separate households requires mandatory licensing, which includes property inspections to ensure health and safety standards. Building regulations approval is also mandatory for extensions and conversions. Homeowners can request building control records or raise concerns if no approval or completion certificates exist.
Additionally, councils have statutory duties to address related issues such as pest control and property maintenance under laws including the Prevention of Damage by Pests Act 1949 and Section 215 of the Town and Country Planning Act 1990. Residents can submit documented complaints and photographic evidence if they observe rat infestations or untidy land associated with an HMO property.
Where construction is incomplete or planning permission has not been granted, residents can still influence outcomes. Enforcement officers can require retrospective planning applications or demand the removal of unlawful works. During public consultation periods for any retrospective permission, neighbours may raise valid planning considerations such as overdevelopment, loss of privacy, and parking concerns, which councils must weigh. Once permission is granted, however, there is no third-party appeal right, emphasizing the importance of early engagement.
Operating an HMO without a licence is a criminal offence and can lead to prosecution, fines, and rent repayment orders for landlords. Residents suspecting unlicensed HMOs are advised to report concerns to local council housing teams. Complaints related to nuisance during construction—such as excessive dust, obstruction of the highway, or trespass relating to boundary fence removal—can also be raised through the appropriate council departments or legal channels.
Overall, legal experts advise that thorough documentation, including dated logs and photographs, is critical for residents seeking council intervention or legal redress in HMO-related disputes. Local authorities maintain ongoing responsibilities to enforce planning and licensing regulations, but resident vigilance and persistence remain key to addressing concerns effectively.