PCC Reduces Occupancy Levels

We have a number of members who are very concerned that conditions are being placed on HMO licences and occupancy numbers are being reduced. There are many 5 bed properties applying for the Mandatory HMO Licence that they need which are being given a 1-year licence on condition they are reduced to 4 bed HMO’s after that – we are told by a PCC employee that this has happened to at least 130 properties in the city – easy money for PCC as they take the licence fee and then change the house such that it does not need a licence. These conditions do not apply elsewhere and this is forcing up rents in Portsmouth in relation to neighbouring areas. It is also leaving rooms empty at a time of housing crisis.

PCC officers have been very busy inspecting licensed HMOs and are taking a hard line following the First-tier Tribunal decision in their favour regarding their demands for more communal space than any other local authority we have seen. Members have seen the adjudication in a similar case in Manchester where the Tribunal stated that the HMO in question was “suitable for occupation by not more than 6 occupants”. Under PCC standards this property would not get a licence for 5 occupants. 

If you are not happy with the demands of PCC officers you should make that clear in writing firstly to the case officer. If you cannot come to an agreement then escalate the issue for the attention of Clare Hardwick via This email address is being protected from spambots. You need JavaScript enabled to view it.. Once you have received your draft licence you have limited time to appeal locally. The letter that comes with the draft will give you details. Once you have received your full licence, check it carefully especially for any unexpected conditions at the end. At this stage, if you still believe you have been treated unfairly or the rules are being applied differently than in the past, you can appeal to the First-tier Tribunal. You only have 28 days to do so.  We have experience and can assist. 

We are in contact with experienced Environmental Health practitioners, solicitors and barristers. They think we have various grounds for a Judicial Review (JR) against PCC but this is not a move we will consider lightly. Just because PCC did not comply with the Government Regulators’ Code on various counts and solicitors and other experts think our Tribunal Judges  â€œcame to its decision wrongly and unlawfully” does not automatically mean that an expensive (for both sides) and time consuming JR would result in the standards being altered. Objecting to their failure to consult on policy changes that have serious consequences for local businesses and rents may however result in a proper consultation and enable us to argue for parity with other Local Authorities and produce expert evidence from Environmental Health practitioners. 

Please contact us if you are affected via  This email address is being protected from spambots. You need JavaScript enabled to view it. . We may be able to advise you. 

Also, if you are one of 130+ who have had their property reduced from 5 beds to 4 beds and thus no longer requires a licence, do remember to request a refund of the fees as it appears that this is not automatic.