Planning enforcement officer and supposed breach of house use

[marcelle]

Hey all!

Extremely grateful for this site which helped me to reclaim my bank changes over ten years' ago and it was great helping others to do the same!

I wonder whether anyone could offer me some advice as I'm feeling very anxious

 

today after receiving a letter from a planning enforcement officer from the Council who wants to visit my home. 

He is stating his reason is because of an alledged breach of unauthorised use of my house as multiple occupational, self contained flats. 

 

Apparently, he's investigating a complaint (clearly from a neighbour) but I only rent out one room in my 3-bed house short-term using Air bnb. 

 

I have recently counted the number of days it's been used this year which is just over 90 days, which I now understand may put me in murky ground as i've bypassed the 90 day rule. 

 

I was informed by a friend that the 90 day day only pertains if you rent your whole property and not if you also live in it but I cannot find any information to substantiate this statement.  

 

Can anyone please let me know whether I am exempt from the 90-day rule given that I also live in the property

plus what to expect from the planning enforcement officer, especially as it's total lies that i've turned my house into self contained flats?

 

I very much look forward to your response.

TIA!

[hightail]

Do you have any reason to suppose a quick visit from a planning officer won't knock this on the head?  They're interested in whether you've turned the house into an HMO and it would be immediately obvious if you've done no such thing.  That should be the end of it.

[marcelle]

Thanks Hightail and you are absolutely correct that they'll see it's only an ordinary house with one room being let on a temporary basis.  But does anyone know whether the 90 day rule is only for entire places or includes those that shares with the owner?

 

Also, if you get a single person discount, can you still get this benefit it you also have air bnb guests staying in your home?

[honeybee13]

Hi.

 

Can you link us to something about this 90 day rule please? Is it council tax or something else?

 

HB

[marcelle]

The 90 day rule is a law that came in 2017 which allows one to rent their property  in the London boroughs for 90 days per year without permission from the council but I was told this only applies to entire properties and not if you share your home but I cannot see this anywhere.

[king12345]

No 90 days rule if you live in the property and rent one room.

Despite the Airbnb involvement,  read up on "rent a room" scheme.

It doesn't strictly apply to you, but it's a starting point in which hmrc would look at taxing you.

Going back to the planning officer: they've received a tip off from one of your curtain twitcher neighbour and they want to investigate if you have turned the place into a house of multiple occupancy (hmo).

Let them in, offer them a cuppa and they'll be out in no time.

They can spot a breach even from outside, they're not stupid, but they investigate all complaints in most boroughs. 

[marcelle]

Thanks so much, King!  I'll look ito the rent a room scheme.  

 

My next tackle is if I am able to still be legible for the single person discount on my council tax whilst having air bnb guests for 6 months in the year

[king12345]

That's something I would ask in writing to the council and get an answer in writing. 

[marcelle]

OK, thanks for all you advice!!!!

[ericsbrother]

airbnb is not the same as having a lodger so if the council get wind of it they may start asking for business rates on the room, fire protection stuff etc etc. Sensible to limit your activites

[king12345]

This might be of interest:

 

https://thesapodcast.com/18-business-rates/