Durham City has a large student population and there are many students living in the Neville's Cross area. This includes students living in colleges, such as Ustinov College, in Purpose Built Student Accommodation (PBSAs) and in Houses of Multiple Occupation (HMOs). Although students and local residents generally live together quite happily, some residents have become concerned in recent years about the rapid expansion of the University and the impact this is having upon the area and the local community. In particular, there are concerns about the increase in the number of family homes being purchased and converted into HMOs by private landlords.
What is a House of Multiple Occupation (HMO)?
Under the Housing Act 2004, a House of Multiple Occupation (HMO) is described as follows:
A building where three or more persons share one or more amenity* and comprise two or more households**
**a single household means either an individual (including students) or a family unit.
Larger HMOs must be licenced. Any landlord who owns a house or flat that is let to five or more separate tenants, not in the same family group, is required by law to apply for a licence. Under Section 232 of the Housing Act 2004, a local housing authority (LHA) has a duty to establish and maintain a register of licences granted. Durham County Council maintains a public register of all HMOs in County Durham, which can be viewed here.
A building where three or more persons share one or more amenity* and comprise two or more households**
- A self contained flat where three or more persons share one or more amenity and form two or more households
- A building converted into one or more converted flats and where the building still does not comply with the Building Regulations 1991.
**a single household means either an individual (including students) or a family unit.
Larger HMOs must be licenced. Any landlord who owns a house or flat that is let to five or more separate tenants, not in the same family group, is required by law to apply for a licence. Under Section 232 of the Housing Act 2004, a local housing authority (LHA) has a duty to establish and maintain a register of licences granted. Durham County Council maintains a public register of all HMOs in County Durham, which can be viewed here.
Does a landlord need planning permission to let a property as an HMO?
Yes, they do. An Article 4 Direction has been confirmed by Durham County Council for a defined area of Durham City for HMOs. This means that landlords must apply for planning permission to convert a family home into an HMO. It came into force on 17 September 2016. The area to which this applies is shown on the map below.
If you know of any properties within the area that have been converted into HMOs since this date, please check that they have planning permission. You can do this by visiting the Durham County Council planning portal and searching the planning history for any address. If you think that there is a property in Neville's Cross (or any other area of the city) that is being let as an HMO without the necessary permission in place, please report it.
If you know of any properties within the area that have been converted into HMOs since this date, please check that they have planning permission. You can do this by visiting the Durham County Council planning portal and searching the planning history for any address. If you think that there is a property in Neville's Cross (or any other area of the city) that is being let as an HMO without the necessary permission in place, please report it.
What is Durham County Council's policy on HMOs?
Policy 16 of The County Durham Plan 2020 sets out Durham County Council's planning policy with regard to Houses of Multiple Occupation, as follows:
3. Houses in Multiple Occupation
In order to promote create and preserve inclusive, mixed and balanced communities and to protect residential amenity, applications for new build Houses in Multiple Occupation (both Use Class C4 and sui generis), extensions that result in specified or potential additional bedspaces and changes of use from any use to:
In all cases applications for new build Houses in Multiple Occupation, change of use to Houses in Multiple Occupation or a proposal to extend an existing House in Multiple Occupation to accommodate additional bed space(s) will only be permitted where:
New build Houses in Multiple Occupation, extensions that result in specified or potential additional bedspaces or a change of use to a House in Multiple Occupation would not be resisted in the following circumstance:
3. Houses in Multiple Occupation
In order to promote create and preserve inclusive, mixed and balanced communities and to protect residential amenity, applications for new build Houses in Multiple Occupation (both Use Class C4 and sui generis), extensions that result in specified or potential additional bedspaces and changes of use from any use to:
- a Class C4 (House in Multiple Occupation), where planning permission is required; or
- a House in Multiple Occupation in a sui generis use (more than six people sharing)
- a. including the proposed development, more than 10% of the total number of residential units within 100 metres of the application site are exempt from council tax charges (Class N Student Exemption);
- b. there are existing unimplemented permissions for Houses in Multiple Occupation within 100 metres of the application site, which in combination with the existing number of Class N Student exempt units would exceed 10% of the total properties within the 100 metres area; or
- c. less than 10% of the total residential units within the 100 metres are exempt from council tax charges (Class N) but, the application site is in a residential area and on a street that is a primary access route between Purpose Built Student Accommodation and the town centre or a university campus.
In all cases applications for new build Houses in Multiple Occupation, change of use to Houses in Multiple Occupation or a proposal to extend an existing House in Multiple Occupation to accommodate additional bed space(s) will only be permitted where:
- d. the quantity of cycle and car parking provided has regard to the council’s adopted Parking and Accessibility Supplementary Planning Document (SPD);
- e. they provide acceptable arrangements for bin storage and other shared facilities and consider other amenity issues;
- f. the design of the building or any extension would be appropriate in terms of the property itself and the character of the area; and
- g. the applicant has shown that the security of the building and its occupants has been considered, along with that of neighbouring local residents.
New build Houses in Multiple Occupation, extensions that result in specified or potential additional bedspaces or a change of use to a House in Multiple Occupation would not be resisted in the following circumstance:
- h. where an area already has a concentration in excess of 90% of council tax exempt properties (Class N), that this is having an unreasonable impact on current occupiers and that the conversion of remaining C3 dwellings will not cause further detrimental harm to the residential amenity of surrounding occupants; or
- i. where an existing high proportion of residential properties within the 100 metres are exempt from council tax charges (Class N), on the basis that commercial uses are predominant within the 100 metre area.
Are all student lets HMOs?
No, not necessarily. Due to the large student population in the city, almost all HMOs (properties with 3 or more unrelated persons sharing) are student lets. However, there are many smaller properties in the city that are also let to individual students or to two students sharing, which are not classified as HMOs. If you want to know which properties are students lets, the best indicator of this is council tax records. Students are exempt from paying council tax, so properties in the city that have a council tax exemption are usually student lets (irrespective of their HMO status).
How do I know if properties near me are exempt from council tax?
Durham County Council keeps a record of all properties that pay council tax. If you are interested in seeing which properties in Durham City are exempt, take a look at DCC's interactive map.
This map is regularly updated. There is a layers list in the bottom right corner, and the darker the shading the higher the volume of council tax exemptions. It is worth noting that some landlords choose to pay council tax (even though they let their property to students and are eligible for an exemption), so these properties will not appear on the interactive map. In reality the number of student lets is therefore higher than this map indicates.
As of April 2023, some neighbourhoods within the city are now 100% exempt from council tax charges. This places a heavy burden on the remaining residents that do pay council tax, resulting in Durham residents paying the 10th highest council tax charges in England. In 2022, the average rate charged to a Band D property in County Durham was £1,853 per year (by contrast, the equivalent rate in the London Borough of Kensington and Chelsea was £987 and in Westminster £470).
This map is regularly updated. There is a layers list in the bottom right corner, and the darker the shading the higher the volume of council tax exemptions. It is worth noting that some landlords choose to pay council tax (even though they let their property to students and are eligible for an exemption), so these properties will not appear on the interactive map. In reality the number of student lets is therefore higher than this map indicates.
As of April 2023, some neighbourhoods within the city are now 100% exempt from council tax charges. This places a heavy burden on the remaining residents that do pay council tax, resulting in Durham residents paying the 10th highest council tax charges in England. In 2022, the average rate charged to a Band D property in County Durham was £1,853 per year (by contrast, the equivalent rate in the London Borough of Kensington and Chelsea was £987 and in Westminster £470).
How do I find out if someone is trying to turn a family home near me into an HMO?
If you sign up to the NXCA mailing list, you can opt-in to receive weekly planning updates. These list all active planning applications for the local area, including any applications for conversion of homes to HMOs. You can then visit the DCC planning portal and, if you wish, raise an objection to this. Please see our 'planning matters' web page for more information about how to raise an objection.
If someone has applied for permission for a new HMO on your street, or very close to where you live, Durham County Council should contact you to notify you of this. You can also search the planning portal for details of both active and historic planning applications.
If someone has applied for permission for a new HMO on your street, or very close to where you live, Durham County Council should contact you to notify you of this. You can also search the planning portal for details of both active and historic planning applications.