The lettings agent I own a three-bedroom townhouse that I’ve been
letting for several years to different groups: a family, a couple and a
colleague or three professionals sharing. What does the new HMO (houses in
multiple occupation) planning legislation mean for me?
H Rodgers, Newcastle
The creation of “student ghettos” in some towns and cities has led to the
creation of a new planning law, which came into effect on April 6. This will
affect many landlords such as yourself, as properties to be rented to three
or more sharers will now require planning application to obtain “Class C4”
status. A property that was already let as an HMO on April 5 automatically
assumes this status; conversely, if the property was let to a family, but
you now intend to let to three or more persons (made up of more than two
households), then a planning application will need to be made — at a cost of
about £300 and plenty of hassle. I suggest that you speak to your local
planning officer for more information.
Frank Webster is a partner at the Oxford branch of the lettings agency
Finders Keepers; finders.co.uk
The Spanish property doctor
We sold our flat in Benalmadena four years ago, and our Spanish solicitor
kept back €6,000 to cover any outstanding bills. We are due to get this sum
back in September, but we haven’t heard from him. What can we do?
S Nash, by email
If you sell a holiday home in Spain, it is standard practice for the local tax
office to make the buyer hold back some of the proceeds to cover your
capital-gains tax liabilities (four years ago, the retention was 5% of the
sale price, now it is 3%). It is also normal for your solicitor to manage
the process for you, but it’s not their job to keep back money for the
taxman (if the seller is a nonresident, that is the responsibility of the
buyer). Four years is far too long. First, confirm that you are entitled to
a refund (meaning the retention was higher than your tax bill). Ask your
lawyer for a copy of the 211 form the buyer used to pay the taxman and the
212 form your solicitor should have used to claim your refund. Either you
are not due a refund or your solicitor has messed up.
Mark Stucklin runs spanishpropertyinsight.com