PCC Lose Significant Planning Appeal

Prompted by the unrepresentative  lobby group, the East St. Thomas Residents Forum, PCC took enforcement action against the institutional investment company that owned 6 HMOs occupied by 7 students. PCC argued that they were operating without planning permission.  The decision of the Appeal Judge went against PCC and could mean that many, many of their recent decisions need to be revisited.

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Personal Landlord Data – PCC Do The Right Thing (Finally)

Members will know that we have been campaigning for the past 8 years to convince Portsmouth City Council (PCC) to stop sharing HMO landlords private addresses and contact details with any one who asks. We have had some successes, but also recent setbacks – but the good news is that PCC finally seem to have got the message and are fulfilling their duty to protect our personal data.

PCC Quote: "disclosure would cause us to breach the First Principle of the Data Protection Act. On this basis, we are unable to disclose this information as part of your request"  Thank You PCC!

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Kings Estates Fined For Failing To Licence HMO

We have long argued that penalising landlords for the failings of the agents they employ in good faith is wrong, so it was pleasing to see that not only did PCC fine Kings Estates for operating an HMO without a licence, but when Kings Estates appealed the decision on the basis that they were only the agent and the owner was the licence holder, the 1st Tier Housing Tribunal not only ruled in favour of PCC but decided that PCC had been too lenient and doubled the fine to £12,000.  

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Post Lockdown Property Boom

 It looks like the post lock down property surge some had hoped for arrived even before the chancellor cut stamp duty, with a buoyant Portsmouth property market seeming to have taken off last month. PCC managed to sell a whole range of properties at much higher than expected prices but on the downside, a number of landlords are struggling to prove that their HMO has been an HMO since 2011 and others are worrying that their C3/C4 status ends next year.

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Proving Lawful HMO (C4) Use – Are You Guilty Until You Prove Innocence?

Some years ago, Portsmouth City Council (PCC) enacted an 'Article 4 Direction' requiring planning permission for new HMOs. This overrides the usual permitted development rights a landlord has to use a normal residential property as either a non-HMO, (C3 use class i.e. family type residence) or an HMO occupied by unrelated sharers (C4 use class). There are many HMOs that do not have or require planning permission as they have been in continuous HMO use since November 1st 2011 when the Direction commenced.

The planning enforcement team are currently writing to landlords asking them for proof of continuous use - do you know what you need to do?  Have you kept records to show how your property has been used?

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