A letting agency in Swansea has faced significant legal hurdles after an enforcement order against its use of a residential property as a House in Multiple Occupation (HMO) was recently upheld. Swan Sales and Lettings received an enforcement notice from Swansea council in May 2022, highlighting concerns over the property's change of use to accommodate eight individuals without the necessary planning permission.
Local reports indicate that the council's notice pointed out potential safety issues, stating that the property's lack of adequate natural light and outlook for two of the bedrooms would likely have led to a rejection if a formal planning application had been submitted. Moreover, the notice raised concerns about the detrimental impact on road safety and parking in the area due to the high-density occupation of the property.
Although Swan Sales and Lettings asserted that the property was being utilised as an Airbnb for short-term lets, an inspection conducted by planning inspector Richard Jenkins revealed otherwise. Upon visiting the property, Jenkins described it as fully furnished and suitable for short-term rentals, but he noted, “no cogent evidence, in the form of invoices, listings or reviews, has been submitted to support the assertion that the property was in use as a short-term holiday let at the time the notice was issued.”
During the inspection, Jenkins observed a “Student Let” sign prominently displayed above the front door, further indicating that the property had been used for permanent student accommodation rather than short-term rentals.
In response to the enforcement order, the agency presented a statement claiming that the property had been acquired for £230,000 and would require an estimated £200,000 in improvements. They argued that as a single-family residence, the property would yield approximately £10,000 annually, compared to an anticipated income of nearly £35,000 as an HMO. The agency added that the property was flanked by two other HMOs, suggesting it would not be suitable for family use.
Subsequently, Swan Sales and Lettings applied to convert the property into a seven-bedroom HMO. However, the council cited the 1990 Town and Country Planning Act in declining to process this application, indicating it was analogous to the previous one that had been rejected on appeal.
The situation underscores ongoing tensions between property use regulations and the growing demand for different types of housing arrangements in Swansea, as authorities grapple with the implications of unpermitted changes to property usage in residential areas. The council's determination to enforce its planning rules illustrates the complexities involved in managing housing standards and community safety amidst the evolving landscape of rental properties.
Source: Noah Wire Services