The client instructed Counsel following receipt of an enforcement notice from Brent Council alleging unauthorised short-term letting and internal alterations. The property comprises two self-contained flats with planning permission granted for a three-bedroom and a two-bedroom unit. The client previously operated the property as an HMO and later transitioned to short-term lettings via platforms such as Airbnb and Booking.com. The client now intends to cease short-term letting and use the property for personal occupation.
The client seeks to appeal the enforcement notice in part, specifically steps 3 and 4 relating to internal alterations, under the 10-year rule, asserting that the works were completed by 2006. The client concedes the short-term letting element of the notice, acknowledging that the use began in 2017 and therefore falls short of the 10-year threshold. The client also expressed concern about the implications of forthcoming legislation on short-term lettings and whether prior use would support a future application.
Counsel advised that the client should not continue short-term letting, as the enforcement notice effectively resets the clock on any accrued use. Counsel recommended preserving the HMO status, even if not actively used, as it may provide flexibility and legal cover for current occupancy levels. The appeal should focus on disputing the requirement to reverse internal alterations, supported by planning permissions, approved drawings, and evidence of longstanding use. Counsel noted that the enforcement notice may contain errors and that a targeted appeal would be cost-neutral compared to a full concession. The client agreed to proceed with counsel drafting the appeal and will provide the necessary documentation, including planning permissions, HMO licences, and the 6 December 2023 email. Counsel concluded that a successful appeal would strengthen the client’s position for a future short-term letting application under any new regulatory framework.
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