Occupation restricted to students
In an important decision for owners of student accommodation or houses in multiple occupation (HMOs), the Court of Appeal has ruled that a licensing condition that restricted occupation of two small attic bedrooms to full-time students was lawful.
In the case of Nottingham City Council v Parr & Anr (2017), the rooms were both located in semi-detached houses owned by the same landlord. The local authority took the view that, due to their sloping ceilings, their usable floor areas fell below its benchmark figure of eight sq. m.
In licensing both houses as HMOs under the Housing Act 2004, it imposed conditions requiring that neither room should be used as a bedroom on the basis that they were not reasonably suitable for occupation as such.
After the landlord appealed, the First-tier Tribunal found that the rooms were acceptable for use as bedrooms by full-time students and amended the licences accordingly. It did so on the basis that students who were sharing digs could be expected to live cohesively as a group. The houses included sufficient shared space to counterbalance the small size of the attic rooms. That decision was subsequently upheld by the Upper Tribunal.
In dismissing the council’s challenge to the latter ruling, the Court rejected arguments that the physical characteristics of the properties alone were relevant for the purposes of the HMO licensing regime.
On a true interpretation of the relevant statutory provisions, the personal characteristics of potential occupiers could also be taken into account. The council’s plea that the 'students only' condition would be incapable of effective enforcement also fell on fallow ground.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
The role of construction in tackling the biodiversity crisis
New CIOB Nature of Building digital series available now.
The Nature Towns and Cities initiative
Grants of up to 1 million for local councils and partners.
The continued ISG fall out October updates
Where to look for answers to frequently asked questions.
Building safety remediation programme for Wales
With 2024 October progress updates.
In major support package for small businesses.
Conservation and transformation
Reading Ruskin’s cultural heritage. Book review.
Renovating Union Chain Bridge.
AI tools for planning, design, construction and management
A long, continually expanding list, any more to add?
Robots in the construction industry
From cultural characterisations to construction sites.
Empowering construction with AI integration
New horizons with a human touch.
Key AI related terms to be aware of
With explanations from the UK government.
A Better Hiring Toolkit for construction
Tooling up to hire under best practice standards in the sector.
Recharging Electrical Skills in Wales
Step by step collaborative solutions.
Ireland budget announcement 2025
CIOB responds with positivity, criticism and clarity.
New HES national centre for traditional building retrofit
Announced as HES publishes survey results which reveal strong support for retrofit.
Retrofit of Buildings, a CIOB Technical Publication
Expected to become one of the largest activities in the global construction industry.