Understanding Article 4 Directions and Their Impact on HMOs

If Article 4 directions have recently come into force for small HMOs in your area, or if you've
been renting a house to more than six people without local authority (LA) planning
approval, you may be wondering what steps to take. We assume that there is no condition
or covenant regarding the building in question. This article aims to provide guidance on
your options:

Small HMOs (up to 6 people):

If your property was a small HMO with a maximum of six people on the day the Article 4
direction was issued, you typically don't need to take any immediate action. The use will be
considered lawful after that date. However, it is advisable to maintain documentation
proving the lawful use on the date of the Article 4 implementation.

Certificate of Lawful Use Application (Section 191):

For added assurance and to formalize the lawful use of your small HMO, you have the
option to apply for a Certificate of Lawful Use under Section 191. This step can help clarify
and secure your property's status.

New or Expanding HMOs:

If your HMO was established or expanded after the Article 4 direction was implemented, or
if it falls under the category of a "big HMO" without the necessary planning permission, you
might be eligible to apply for a Certificate of Lawful Use under Section 191.

The key requirement in this case is that the property has been continuously used as an HMO
for a minimum of 10 years. You must be able to provide substantial evidence to support
your application, and the continuity of use is crucial.

Importantly, there should not be an enforcement notice in effect on the date of your
application.

Understanding and complying with Article 4 directions is essential for property owners and
landlords. It's recommended to consult with local authorities or planning professionals for
specific guidance on your situation. Ensuring your property's compliance with regulations
and planning permissions is crucial to avoid potential legal issues in the future.

It's important to note that the specific requirements and procedures may vary depending on
your location and local regulations, so seeking advice from local authorities or experts is
advisable when dealing with Article 4 directions and HMOs.

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