Erewash HMO restriction order

Erewash Borough Council headquarters in Long Eaton. Photo by Eddie Bisknell.

By Eddie Bisknell – Local Democracy Reporting Service

New restrictions on HMOs in Derbyshire towns and villages are set to be introduced to curb a surge in “cramped”, “rabbit hutch” accommodation.

Erewash Borough Council’s Labour executive is set to adopt the HMO (houses in multiple occupancy) restrictions at a meeting this week in response to continued public lobbying over the issue.

The new restrictions – known as an Article 4 direction – will make it mandatory for developers and landlords aiming to convert a property into a HMO to file a planning application.

As it stands, conversions of properties into HMOs with up to six bedrooms do not need to file planning applications – though some choose to, while it is already essential to submit plans for conversions of seven beds or more.

Maps of the intended areas of the HMO restrictions show one area covering all of Ilkeston, including Cotmanhay and Little Hallam, and bridging across to encircle all of Kirk Hallam.

Meanwhile, the second area would cover most, but not all, of Long Eaton, and parts of Sandiacre and Sawley.

When the council last debated the issue in November, councillors made clear that they wanted to gain a better idea and control over the amount of properties being converted and to ensure they are all sufficiently regulated.

There are currently 60 licensed HMOs in the intended Ikeston and Long Eaton area, the meeting had been told, with “more than double that” in additional unlicensed HMOs.

Under the new order, all HMOs will be required to join the register.

Derby and Nottingham’s city councils have already adopted Article 4 measures in parts of the cities, with other towns and urban areas around the region now considering the same.

Only specific areas with a proven cumulative effect from HMOs can be covered by orders or be subject to challenge, officials have made clear.

A report on the issue, to be discussed this week, writes: “Provided that the proposed order is confirmed at least 12 months before it is due to come into force, the council will not be liable to compensate developers for their wasted expenses or property owners from any reduction in the value of their property.

“There may be an increase in appeals from the refusal of applications to convert dwellings into HMOs, with associated costs where those refusals are considered to have been made unreasonably.”

The report details that six letters of support were written to the council through its consultation period on the plans, with none offering objections.

Supporters said there was a need for restrictions to restrict on-street parking issues, noise and waste management, along with retaining homes for families.

When the issue was discussed in November, Councillor Curtis Howard, the council’s lead member for town centres, regeneration and housing, claimed “rule-breaking” of HMO regulations by landlords had been evidence across the borough.

He said: “People have asked and we have listened. We do need to get a grip on this. It has been happening under our noses for far too long and we could have taken action sooner but we are taking action now.

“There has been a revolution on the streets. Homes built a century ago for the workers of Long Eaton have now been turned into investment opportunities.

“For us it has been a quiet revolution, but not for our residents. 

“It would not be a ban but it would give people new rights, the right to have a say.”

He claimed landlords and developers had been converting homes into HMOs where there is insufficient space for a reasonable quality of life.

Cllr Howard claimed developers and landlords were seeking “passive incomes” which they could brag about on the social media platform TikTok.

He said: “The welfare of their tenants will not be at the forefront of their minds but the padding of their pockets.

“The Wild West nature of this sector means it is rife with cowboys. They are overseeing cramped, damp rooms and profiteering from people’s misery.”

Cllr James Dawson, Labour council leader, (pictured right) had said: “Good landlords shouldn’t have a problem with being registered with the council. Our buildings are being turned into squats.

“They are looking to make a quick buck for a little rabbit hutch.”

Cllr Becca Everett, Labour deputy leader, who has lived in a HMO, had said: “Developers have been shoving far too many people into family homes.

“I have genuine concerns for future residents. Some HMOs are more like prison cells. We have landlords who don’t care about damp and broken boilers. A good landlord will not make prison cells, they will make good quality housing.”