The tenants of up to seventy student houses in York could face eviction due to the illegal conversion of family homes.
The City of York Council is currently investigating student houses in Badger Hill after it was discovered that the landlords of the homes may not have obtained the correct planning permission to convert them into student residences.
In April 2012 the Council, opposed by YUSU, invoked an Article 4 Direction in areas where over 10% of houses were already HMOs (Houses of Multiple Occupation). This made it illegal for a landlord to convert a family house into an HMO or to convert a small HMO to a larger one (with six or more bedrooms) without getting planning permission.
Numerous student houses in Badger Hill, a housing estate near Hull Road and the Heslington East campus, are thought to have been converted in violation of the Article 4 Direction.
As part of their investigation, members of the Council are knocking on the doors of students and neighbours in Badger Hill and asking them what they know about the history of their house. If a house was not a student house last year, it is likely that it was converted illegally.
If it is discovered that the correct planning permission was not obtained before the conversion of a house, the landlord will still be allowed to apply for planning permission. However, because of the Article 4 Direction, permission is not likely to be granted.
If planning permission is refused, the Council may issue an Enforcement Notice against the landlords. The tenants of HMOs could subsequently be evicted.
The Council has assured YUSU that any enforcement action will happen over a long period of time and that students will receive plenty of notice.
The Deputy Vice Chancellor has confirmed that the University can guarantee alternative housing to any students affected.
University Registrar David Duncan echoed this. “We would encourage students only to sign up to leases with landlords who
can show that they have the necessary permissions from the City Council to let to students. However, if students are in difficulties, then the accommodation Office will be happy to help them – we have a number of empty rooms on campus which could be made available to them.”
YUSU Welfare Officer Bob Hughes says “It’s important that no one worries at this stage. We’re working hard to ensure that both current tenants and students signing new contracts after February are protected. If any students have any concerns at all, please get in touch with me.”
Dear Editor it is embarrassing to note that you have got your facts carelessly wrong. You have reported that: “if a house was not a student house last year, it is likely that it was converted illegally” – this is a negligent misstatement.
The correct facts are: If on a balance of probability, the property was in use as a House in Multiple Occupation (Use Class C4) on 20 April 2012, prior to the introduction of an Article 4 Directive removing permitted development rights for changes of use between Use Class C3 (Dwellinghouse) and C4 (House in Multiple Occupation), this would mean that the property fell within use class C4 and as such the use is lawful.