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Member said: Posted on: 29/11/2011 00:00

Our Problem is with the draconian and inconsistent way in which additional HMO licensing is being applied by Denbighshire Council housing enforcement.

We have 2 similar properties which comprises ground floor , 1st and 2nd floor flats each fully self contained.

The HMO registration guidelines state that if we had a building regs 1991 completion cert , the property would be exempt. We have provided this for property 1 and it is now exempt.

Having been converted earlier , Building 2 has a completion cert for building regs 1989 . Continuous improvements have been made between tenancies on an ongoing basis and I believe the property exceeds BR(1991).

We have made enquiries with Denbighshire building regs dept to inspect and certify that this property complies with the requisite (1991) regs to be told that in their eyes , a completion cert has been issued (1989)and the matter is closed .

Enforcement have now written to us stating that to be exempt from HMO registration we need to produce a Building Regs (2010) comp cert within 90 days!! As you will know , 2010 is a whole different beast ( including audio insulation etc), of which the property falls short.

We are responsible landlords and we keep good house but we resent the 35 page application form , the personal crb checks and the £85 per habitable room charge . We also resent the threatening tone of the letter which concludes:

“Please note that failing to have an HMO license, is a criminal offence and is liable on a summary conviction to a maximum fine of £20,000 (Section 73) ………………….other consequences are…………………”

Is there a method by which we can get an independent Building Regs (1991) Certification ?

We do not want to incur the wrath of Denbighshire CC for fear of a witch hunt but we don’t want the un-necessary burden of Big Brother on our backs.

I ask for your comments , without prejudice

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