I have a property where the city of london is the freeholder. I am a lleaseholder. I now need to get an Additional Licence under HMO rules in Southwark to be able to rent my property. I am being refused permission to rent by city of london because they say it is their policy not to allow HMO sublet. Is that an acceptable and reasonable grounds for refusal?
From my understanding, they need to give me a reasoable cause for refusal.
Also by their refusal, my understanding is that they are saying that no leaseholder can sublet to 2 - 3 people from more than one household. (Which is in effect HMO Selective license)
It says no. But that was 30 years ago and apparently there is a law passed in the early 2000s that amended this to say that leaseho;ders landlords could only withold permission if there was a very good reason. Unfortunately I cannot remember the exact act.
Its actually the Landlord and Tenant Act 1927 that first required a landlords refusal to allow sub-letting to be reasonable. However, it all depends on the wording of the lease. If there is an outright ban on letting to either anyone or to unrelated groups of tenants, then the landlord can’t grant permission against the wording of the lease. If there is a clause requiring landlord consent to let, then it cant be unreasonably withheld, but I think the Tribunal would be sympathetic to the landlords argument that they are trying to improve the community through more family housing, for example.
Honestly, I dont think you can win this, but an initial call with a specialist landlord and tenant solicitor would help understand your options and should be free of charge.
Incidently, 2 people is never an HMO, but 3 unrelated people is.
