4-Bed in Liverpool - Lawful development certificate vs Selective Licensing

Landlord Discussion New Laws & Regulation Changes
1

Hi Experienced Landlords!

I am really interested in a property in Liverpool and considering putting an offer in, but I am very confused with the new regulations in Liverpool regarding the licensing required for letting the property. I have called and emailed the various departments in the council but struggling to get a clear response (and cannot get a response from the seller’s agent), I need to act quickly to get the property before it goes, so hoping anyone here can help me

Background

The property is a 4-bedroom in Liverpool – the post code of the address is L7 2QZ

The property is currently let out to 4 unrelated tenants (and I have been told that it has a long history of being tenanted to unrelated tenants) HOWEVER The property does not have an HMO license, nor a 'Certificate of Lawful Existing Use (CLEUD)

I have checked the Liverpool HMO and planning permission registrar and cannot see any licenses or planning permissions.

Questions

  1. What should (and can) I ask the seller of the property to apply for (before I complete the purchase of the property)?

  2. Would the property be required to have both a ‘Selective Licensing’ AND a 'Certificate of Lawful Existing Use (CLEUD)’ Or would just one of these?

  3. Would I be required a 'Certificate of Lawful Existing Use (CLEUD)’ even if the property has a history of being let to 4 unrelated tenants? The seller’s estate agent seems to believe as the property has a history of being let to 3 / 4 unrelated tenants it does not require a 'Certificate of Lawful Existing Use (CLEUD)’

  4. Does the ‘Selective Licensing’ go with the property or owner of the property itself? For example, say if I bought a property which had a ‘Selective Licensing’ already in place (obtained with the previous owner) - would that license be valid for the property and be “valid” when I purchased it? Or would I need to ‘reapply’? When would this ‘expire’?

  5. Does the ‘C4 lawful development certificate’ go with the property or owner of the property itself? For example, say if I bought a property which had a 'Certificate of Lawful Existing Use (CLEUD)’ already in place (obtained with the previous owner) - would that license be valid for the property and be “valid” when I purchased it? Or would I need to ‘reapply’? When would this ‘expire’?

Links to Liverpool City Council

’Certificate of Lawful Existing Use (CLEUD)’ - https://liverpool.gov.uk/planning-an…sion-for-hmos/

’Selective Licensing’ - https://liverpool.gov.uk/business/li…ord-licensing/

Thanks all - appreciate your help with this!

2

Not surprising you cannot get a straight answer . They do not give an answer unless they come out and see the place . I work in Liverpool, the council have been very good with my commercial property but HMO and selective license is confusing because each council seems to have its own set of rules.

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3

If its licensable then you should definitely insist on one before buying. You may not need the certificate if the current owner can prove its been nothing but an HMO since before the Article 4 directive came into effect. You can check that by speaking to one of the planning officers.

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4

As far as I know the answer to number 4 is that the Selective Licensing goes with the landlord.
I understand this to be, because the landlord personally must be deemed a person who is implementing the law and fit to be a landlord, as well as the property being in good condition. When we got the license a few years ago we were meant to go on a council run ‘training course’.
We were in Liverpool (not an HMO) and paid five years upfront.
No refund when selling.

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5

Thanks @Mr_T , thats really helpful!

You mention ‘landlord personally must be deemed a person who is implementing the law and fit to be a landlord’. I am a new landlord (I do not have any experience of letting a property before) - will I have any problems? I wanted to checked whether there is a requirement of being a previous landlord / witnesses from previous tenants? Or is it just a ‘training course’?

Also would you remember what were you required to provide for your application?

Thank you for your help - really appreciate it!

6

Its more the reverse. You are assumed to be a fit and proper person and therefore eligible for a licence unless you have broken the law in some way that disqualifies you.

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7

for License read TAX

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8

As David122 says.
The council did come and inspect the property and we had to send the gas certificate to them, You don’t need to provide any references and they didn’t actually chase us to do the course (and it was never mentioned again) even though it was stated that there would be a year in which to attend one. But would guess every council is different. Good luck!