Newham HMO - How to prove record of HMO tenancy + renovation vacancy = loss of C4 HMO status?

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Doogie
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Bought property in Newham council April 2014
Has 4 non related tenants plus one partner on expired / rolling lease (5 year tenants)
Owner had no HMO licence
I then moved tenants out and renovated for 6 months and obtained an HMO (small / additional) licence successfully
Renovations added a room (dimensions comply to HMO environmental licencing dimensions) and toilet plus major refresh
Rented to 4 unrelated tenants
Council today (5months later) say I am in breach of planning laws for "material change in use" - ie: non HMO to HMO use with no planning permission.
Then said if I can prove continuous record of HMO tenancy plus if 6 months building vacancy hasn't reset if's use back to C3 family dwelling then I can get a "certificate of lawfulness" and I'm fine
Then (few hours later) said:
No record of HMO use plus 6 month builder vacanty means I cannot qualify based on continuation of established HMO C4 use and hence am in breach of planning and need to move tenants out.
Questions:
1) what standard of proof is needed to show established HMO use?
2) does building renovation with 6 months empty property mean I definately lose all established planning hmo roghts?
3) how Iikely is later reattempt at planning approval for additional HMO to be successful following a letter of enforcement?
This member has been thanked by 1 member for this post.
01/04/2015 14:34

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